742
equivalent positions from intra-District funds) for the Uni-
versity of the District of Columbia; $20,742,000 and 415
full-time equivalent positions (including $19,839,000 and
408 full-time equivalent positions from local funds,
$446,000 and 6 full-time equivalent positions from Federal
funds, $454,000 and 1 full-time equivalent position from
other funds, and $3,000 from intra-District funds) for the
Public Library; $2,267,000 and 9 full-time equivalent posi-
tions (including $1,725,000 and 2 full-time equivalent posi-
tions from local funds and $542,000 and 7 full-time equiva-
lent positions from Federal funds) for the Commission on
the Arts and Humanities: Provided, That the public schools
of the District of Columbia are authorized to accept not to
exceed 31 motor vehicles for exclusive use in the driver edu-
cation program: Provided further, That not to exceed $2,500
for the Superintendent of Schools, $2,500 for the President
of the University of the District of Columbia, and $2,000
for the Public Librarian shall be available from this appro-
priation for expenditures for official purposes: Provided
further, That this appropriation shall not be available to
subsidize the education of nonresidents of the District of Co-
lumbia at the University of the District of Columbia, unless
the Board of Trustees of the University of the District of
Columbia adopts, for the fiscal year ending September 30,
1996, a tuition rate schedule that will establish the tuition
743
rate for nonresident students at a level no lower than the
nonresident tuition rate charged at comparable public insti-
tutions of higher education in the metropolitan area.
EDUCATION REFORM
Education reform, $14,930,000, to be allocated as fol-
lows:
$200,000 shall be available for payments to charter
schools as authorized under Subtitle B of title II of this
Act;
$300,000 shall be available for the Public Charter
School Board as authorized under Subtitle B of title II of
this Act;
$2,000,000 shall be transferred directly, notwithstand-
ing any other provision of law, to the United States Depart-
ment of Education for awarding grants to carry out Even
Start programs in the District of Columbia as provided for
in Subtitle C of title II of this Act;
$1,250,000 shall be available to establish core curricu-
lum, content standards, and assessments as authorized
under Subtitle D of title II of this Act;
$500,000 shall be available for payment to the Admin-
istrator of the General Services Administration for the costs
of developing engineering plans for donated work on Dis-
trict of Columbia public school facilities as authorized
under Subtitle F of title II of this Act;
744
$100,000 shall be available to develop a plan for a resi-
dential school as authorized under Subtitle G of title II of
this Act;
$860,000 shall be available for the District Education
and Learning Technologies Advancement Council as au-
thorized under Subtitle I of title II of this Act;
$1,450,000 shall be available to the District Employ-
ment and Learning Center as authorized under Subtitle I
of title II of this Act;
$1,000,000 shall be available for a professional devel-
opment program for teachers and administrators adminis-
tered by the nonprofit corporation selected under section
2701 of title II of this Act as authorized under Subtitle I
of title II of this Act;
$1,450,000 shall be available for the Jobs for D.C.
Graduates Program as authorized under Subtitle I of title
II of this Act;
$70,000 shall be available for the Everybody Wins pro-
gram;
$100,000 shall be available for the Fit Kids program;
$400,000 shall be available to the District of Columbia
Public Schools to improve security (such as installing elec-
tronic door locking devices) at such schools, including at
a minimum the following schools: Winston Education Cen-
745
ter; McKinley High School; Ballou High School; and
Cardozo High School; and
$5,250,000 shall be available pursuant to a plan devel-
oped by the Superintendent of the District of Columbia
Public Schools, in consultation with public and private en-
tities, for repair, modernization, maintenance and plan-
ning consistent with subtitle A and subtitle F of title II
of this Act, the August 14, 1995 recommendations of the
‘‘Superintendent’s Task Force on Education Infrastructure
for the 21st Century’’ and the June 13, 1995 ‘‘Accelerating
Education Reform in the District of Columbia: Building
on BESST’’: Provided, That not more than $250,000 of this
amount may be available for planning: Provided further,
That these funds shall be available for repair, moderniza-
tion, maintenance of classroom buildings: Provided further,
That these funds shall remain available until expended:
Provided, That the District of Columbia government shall
enter into negotiations with Gallaudet University to trans-
fer, at a fair market value rate, Hamilton School from the
District of Columbia to Gallaudet University with the pro-
ceeds, if such a sale takes place, deposited into the general
fund of the District and used to improve public school fa-
cilities in the same ward as the Hamilton School.
746
HUMAN SUPPORT SERVICES
Human support services, $1,855,014,000 and 6,469
full-time equivalent positions (end-of-year) (including
$1,076,856,000 and 3,650 full-time equivalent positions
from local funds, $726,685,000 and 2,639 full-time equiva-
lent positions from Federal funds, $46,799,000 and 66 full-
time equivalent positions from other funds, and $4,674,000
and 114 full-time equivalent positions from intra-District
funds): Provided, That $26,000,000 of this appropriation,
to remain available until expended, shall be available solely
for District of Columbia employees’ disability compensa-
tion: Provided further, That the District shall not provide
free government services such as water, sewer, solid waste
disposal or collection, utilities, maintenance, repairs, or
similar services to any legally constituted private nonprofit
organization (as defined in section 411(5) of Public Law
100–77, approved July 22, 1987) providing emergency shel-
ter services in the District, if the District would not be
qualified to receive reimbursement pursuant to the Stewart
B. McKinney Homeless Assistance Act, approved July 22,
1987 (101 Stat. 485; Public Law 100–77; 42 U.S.C. 11301
et seq.).
PUBLIC WORKS
Public works, including rental of one passenger-carry-
ing vehicle for use by the Mayor and three passenger-carry-
747
ing vehicles for use by the Council of the District of Colum-
bia and purchase of passenger-carrying vehicles for replace-
ment only, $297,568,000 and 1,914 full-time equivalent po-
sitions (end-of-year) (including $225,915,000 and 1,158
full-time equivalent positions from local funds, $2,682,000
and 32 full-time equivalent positions from Federal funds,
$18,342,000 and 68 full-time equivalent positions from
other funds, and $50,629,000 and 656 full-time equivalent
positions from intra-District funds): Provided, That this
appropriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business.
WASHINGTON CONVENTION CENTER FUND TRANSFER
PAYMENT
For payment to the Washington Convention Center
Enterprise Fund, $5,400,000 from local funds.
REPAYMENT OF LOANS AND INTEREST
For reimbursement to the United States of funds
loaned in compliance with An Act to provide for the estab-
lishment of a modern, adequate, and efficient hospital cen-
ter in the District of Columbia, approved August 7, 1946
(60 Stat. 896; Public Law 79–648); section 1 of An Act
to authorize the Commissioners of the District of Columbia
to borrow funds for capital improvement programs and to
amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation’s
748
Capital City, approved June 6, 1958 (72 Stat. 183; Public
Law 85–451; D.C. Code, sec. 9–219); section 4 of An Act
to authorize the Commissioners of the District of Columbia
to plan, construct, operate, and maintain a sanitary sewer
to connect the Dulles International Airport with the Dis-
trict of Columbia system, approved June 12, 1960 (74 Stat.
211; Public Law 86–515); sections 723 and 743(f) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973,
as amended (87 Stat. 821; Public Law 93–198; D.C. Code,
sec. 47–321, note; 91 Stat. 1156; Public Law 95–131; D.C.
Code, sec. 9–219, note), including interest as required there-
by, $327,787,000 from local funds.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000 gen-
eral fund accumulated deficit as of September 30, 1990,
$38,678,000 from local funds, as authorized by section
461(a) of the District of Columbia Self-Government and
Governmental Reorganization Act, approved December 24,
1973, as amended (105 Stat. 540; Public Law 102–106;
D.C. Code, sec. 47–321(a)).
REPAYMENT OF INTEREST ON SHORT-TERM BORROWING
For repayment of interest on short-term borrowing,
$9,698,000 from local funds.
750
RAINY DAY FUND
For mandatory unavoidable expenditures within one
or several of the various appropriation headings of this Act,
to be allocated to the budgets for personal services and
nonpersonal services as requested by the Mayor and ap-
proved by the Council pursuant to the procedures in section
4 of the Reprogramming Policy Act of 1980, effective Sep-
tember 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–363),
$4,563,000 from local funds: Provided, That the District of
Columbia shall provide to the Committees on Appropria-
tions of the House of Representatives and the Senate quar-
terly reports by the 15th day of the month following the
end of the quarter showing how monies provided under this
fund are expended with a final report providing a full ac-
counting of the fund due October 15, 1996 or not later than
15 days after the last amount remaining in the fund is dis-
bursed.
INCENTIVE BUYOUT PROGRAM
For the purpose of funding costs associated with the
incentive buyout program, to be apportioned by the Mayor
of the District of Columbia within the various appropria-
tion headings in this Act from which costs are properly
payable, $19,000,000.
751
OUTPLACEMENT SERVICES
For the purpose of funding outplacement services for
employees who leave the District of Columbia government
involuntarily, $1,500,000.
BOARDS AND COMMISSIONS
The Mayor shall reduce appropriations and expendi-
tures for boards and commissions under the various head-
ings in this Act in the amount of $500,000.
GOVERNMENT RE-ENGINEERING PROGRAM
The Mayor shall reduce appropriations and expendi-
tures for personal and nonpersonal services in the amount
of $16,000,000 within one or several of the various appro-
priation headings in this Act.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For construction projects, $168,222,000 (including
$82,850,000 from local funds and $85,372,000 from Federal
funds), as authorized by An Act authorizing the laying of
water mains and service sewers in the District of Columbia,
the levying of assessments therefor, and for other purposes,
approved April 22, 1904 (33 Stat. 244; Public Law 58–
140; D.C. Code, secs. 43–1512 through 43–1519); the Dis-
trict of Columbia Public Works Act of 1954, approved May
18, 1954 (68 Stat. 101; Public Law 83–364); An Act to
authorize the Commissioners of the District of Columbia to
752
borrow funds for capital improvement programs and to
amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation’s
Capital City, approved June 6, 1958 (72 Stat. 183; Public
Law 85–451; including acquisition of sites, preparation of
plans and specifications, conducting preliminary surveys,
erection of structures, including building improvement and
alteration and treatment of grounds, to remain available
until expended: Provided, That $105,660,000 from local
funds appropriated under this heading in prior fiscal years
is rescinded: Provided further, That funds for use of each
capital project implementing agency shall be managed and
controlled in accordance with all procedures and limita-
tions established under the Financial Management System:
Provided further, That all funds provided by this appro-
priation title shall be available only for the specific projects
and purposes intended: Provided further, That notwith-
standing the foregoing, all authorizations for capital outlay
projects, except those projects covered by the first sentence
of section 23(a) of the Federal-Aid Highway Act of 1968,
approved August 23, 1968 (82 Stat. 827; Public Law 90–
495; D.C. Code, sec. 7–134, note), for which funds are pro-
vided by this appropriation title, shall expire on September
30, 1997, except authorizations for projects as to which
funds have been obligated in whole or in part prior to Sep-
753
tember 30, 1997: Provided further, That upon expiration
of any such project authorization the funds provided herein
for the project shall lapse.
WATER AND SEWER ENTERPRISE FUND
For 
the 
Water 
and 
Sewer 
Enterprise 
Fund,
$242,253,000 and 1,024 full-time equivalent positions (end-
of-year) (including $237,076,000 and 924 full-time equiva-
lent positions from local funds, $433,000 from other funds,
and $4,744,000 and 100 full-time equivalent positions from
intra-District funds), of which $41,036,000 shall be appor-
tioned and payable to the debt service fund for repayment
of loans and interest incurred for capital improvement
projects.
For construction projects, $39,477,000 from Federal
funds, as authorized by An Act authorizing the laying of
water mains and service sewers in the District of Columbia,
the levying of assessments therefor, and for other purposes,
approved April 22, 1904 (33 Stat. 244; Public Law 58–
140; D.C. Code, sec. 43–1512 et seq.): Provided, That the
requirements and restrictions that are applicable to general
fund capital improvement projects and set forth in this Act
under the Capital Outlay appropriation title shall apply
to projects approved under this appropriation title.
754
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise
Fund, established by the District of Columbia Appropria-
tion Act for the fiscal year ending September 30, 1982, ap-
proved December 4, 1981 (95 Stat. 1174, 1175; Public Law
97–91), as amended, for the purpose of implementing the
Law to Legalize Lotteries, Daily Numbers Games, and
Bingo and Raffles for Charitable Purposes in the District
of Columbia, effective March 10, 1981 (D.C. Law 3–172;
D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),
$229,950,000 and 88 full-time equivalent positions (end-of-
year) (including $7,950,000 and 88 full-time equivalent po-
sitions for administrative expenses and $222,000,000 for
non-administrative expenses from revenue generated by the
Lottery Board), to be derived from non-Federal District of
Columbia revenues: Provided, That the District of Columbia
shall identify the source of funding for this appropriation
title from the District’s own locally-generated revenues: Pro-
vided further, That no revenues from Federal sources shall
be used to support the operations or activities of the Lottery
and Charitable Games Control Board.
CABLE TELEVISION ENTERPRISE FUND
For the Cable Television Enterprise Fund, established
by the Cable Television Communications Act of 1981, effec-
tive October 22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–
755
1801 et seq.), $2,351,000 and 8 full-time equivalent posi-
tions (end-of-year) (including $2,019,000 and 8 full-time
equivalent positions from local funds and $332,000 from
other funds), of which $572,000 shall be transferred to the
general fund of the District of Columbia.
STARPLEX FUND
For the Starplex Fund, $6,580,000 from other funds
for the expenses incurred by the Armory Board in the exer-
cise of its powers granted by An Act To Establish A District
of Columbia Armory Board, and for other purposes, ap-
proved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–301
et seq.) and the District of Columbia Stadium Act of 1957,
approved September 7, 1957 (71 Stat. 619; Public Law 85–
300; D.C. Code, sec. 2–321 et seq.): Provided, That the
Mayor shall submit a budget for the Armory Board for the
forthcoming fiscal year as required by section 442(b) of the
District of Columbia Self-Government and Governmental
Reorganization Act, approved December 24, 1973 (87 Stat.
824; Public Law 93–198; D.C. Code, sec. 47–301(b)).
D.C. GENERAL HOSPITAL
For the District of Columbia General Hospital, estab-
lished by Reorganization Order No. 57 of the Board of Com-
missioners, effective August 15, 1953, $115,034,000, of
which $56,735,000 shall be derived by transfer as intra-Dis-
trict funds from the general fund, $52,684,000 is to be de-
756
rived from the other funds, and $5,615,000 is to be derived
from intra-District funds.
D.C. RETIREMENT BOARD
For the D.C. Retirement Board, established by section
121 of the District of Columbia Retirement Reform Act of
1989, approved November 17, 1989 (93 Stat. 866; D.C.
Code, sec. 1–711), $13,440,000 and 11 full-time equivalent
positions (end-of-year) from the earnings of the applicable
retirement funds to pay legal, management, investment,
and other fees and administrative expenses of the District
of Columbia Retirement Board: Provided, That the District
of Columbia Retirement Board shall provide to the Congress
and to the Council of the District of Columbia a quarterly
report of the allocations of charges by fund and of expendi-
tures of all funds: Provided further, That the District of
Columbia Retirement Board shall provide the Mayor, for
transmittal to the Council of the District of Columbia, an
item accounting of the planned use of appropriated funds
in time for each annual budget submission and the actual
use of such funds in time for each annual audited financial
report.
CORRECTIONAL INDUSTRIES FUND
For the Correctional Industries Fund, established by
the District of Columbia Correctional Industries Establish-
ment Act, approved October 3, 1964 (78 Stat. 1000; Public
757
Law 88–622), $10,516,000 and 66 full-time equivalent posi-
tions (end-of-year) (including $3,415,000 and 22 full-time
equivalent positions from other funds and $7,101,000 and
44 full-time equivalent positions from intra-District funds).
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $37,957,000, of which $5,400,000 shall be derived by
transfer from the general fund.
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND
MANAGEMENT ASSISTANCE AUTHORITY
For the District of Columbia Financial Responsibility
and Management Assistance Authority, established by sec-
tion 101(a) of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995, approved
April 17, 1995 (109 Stat. 97; Public Law 104–8),
$3,500,000.
PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS
Notwithstanding any other provision of law, the Chief
Financial Officer established under section 302 of Public
Law 104–8, approved April 17, 1995 (109 Stat. 142) shall,
on behalf of the Mayor, adjust appropriations and expendi-
tures for personal and nonpersonal services, together with
the related full-time equivalent positions, in accordance
with the direction of the District of Columbia Financial
Responsibility and Management Assistance Authority such
758
that there is a net reduction of $165,837,000, within or
among one or several of the various appropriation headings
in this Act, pursuant to section 208 of Public Law 104–
8, approved April 17, 1995 (109 Stat. 134).
GENERAL PROVISIONS
SEC. 101. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
SEC. 102. Except as otherwise provided in this Act,
all vouchers covering expenditures of appropriations con-
tained in this Act shall be audited before payment by the
designated certifying official and the vouchers as approved
shall be paid by checks issued by the designated disbursing
official.
SEC. 103. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects
of expenditure, such amount, unless otherwise specified,
shall be considered as the maximum amount that may be
expended for said purpose or object rather than an amount
set apart exclusively therefor.
759
SEC. 104. Appropriations in this Act shall be avail-
able, when authorized by the Mayor, for allowances for pri-
vately owned automobiles and motorcycles used for the per-
formance of official duties at rates established by the Mayor:
Provided, That such rates shall not exceed the maximum
prevailing rates for such vehicles as prescribed in the Fed-
eral Property Management Regulations 101–7 (Federal
Travel Regulations).
SEC. 105. Appropriations in this Act shall be available
for expenses of travel and for the payment of dues of organi-
zations concerned with the work of the District of Columbia
government, when authorized by the Mayor: Provided, That
the Council of the District of Columbia and the District
of Columbia Courts may expend such funds without author-
ization by the Mayor.
SEC. 106. There are appropriated from the applicable
funds of the District of Columbia such sums as may be nec-
essary for making refunds and for the payment of judg-
ments that have been entered against the District of Colum-
bia government: Provided, That nothing contained in this
section shall be construed as modifying or affecting the pro-
visions of section 11(c)(3) of title XII of the District of Co-
lumbia Income and Franchise Tax Act of 1947, approved
March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C.
Code, sec. 47–1812.11(c)(3)).
760
SEC. 107. Appropriations in this Act shall be available
for the payment of public assistance without reference to
the requirement of section 544 of the District of Columbia
Public Assistance Act of 1982, effective April 6, 1982 (D.C.
Law 4–101; D.C. Code, sec. 3–205.44), and for the non-Fed-
eral share of funds necessary to qualify for Federal assist-
ance under the Juvenile Delinquency Prevention and Con-
trol Act of 1968, approved July 31, 1968 (82 Stat. 462;
Public Law 90–445, 42 U.S.C. 3801 et seq.).
SEC. 108. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of edu-
cational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encour-
age, facilitate, or further partisan political activities. Noth-
ing herein is intended to prohibit the availability of school
buildings for the use of any community or partisan politi-
cal group during non-school hours.
SEC. 110. The annual budget for the District of Colum-
bia government for the fiscal year ending September 30,
1997, shall be transmitted to the Congress no later than
April 15, 1996 or as provided for under the provisions of
Public Law 104–8, approved April 17, 1995.
761
SEC. 111. None of the funds appropriated in this Act
shall be made available to pay the salary of any employee
of the District of Columbia government whose name, title,
grade, salary, past work experience, and salary history are
not available for inspection by the House and Senate Com-
mittees on Appropriations, the House Committee on Gov-
ernment Reform and Oversight, District of Columbia Sub-
committee, the Subcommittee on Oversight of Government
Management, of the Senate Committee on Governmental Af-
fairs, and the Council of the District of Columbia, or their
duly authorized representative: Provided, That none of the
funds contained in this Act shall be made available to pay
the salary of any employee of the District of Columbia gov-
ernment whose name and salary are not available for public
inspection.
SEC. 112. There are appropriated from the applicable
funds of the District of Columbia such sums as may be nec-
essary for making payments authorized by the District of
Columbia Revenue Recovery Act of 1977, effective Septem-
ber 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421 et
seq.).
SEC. 113. No part of this appropriation shall be used
for publicity or propaganda purposes or implementation of
any policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
762
SEC. 114. At the start of the fiscal year, the Mayor
shall develop an annual plan, by quarter and by project,
for capital outlay borrowings: Provided, That within a rea-
sonable time after the close of each quarter, the Mayor shall
report to the Council of the District of Columbia and the
Congress the actual borrowings and spending progress com-
pared with projections.
SEC. 115. The Mayor shall not borrow any funds for
capital projects unless the Mayor has obtained prior ap-
proval from the Council of the District of Columbia, by reso-
lution, identifying the projects and amounts to be financed
with such borrowings.
SEC. 116. The Mayor shall not expend any moneys
borrowed for capital projects for the operating expenses of
the District of Columbia government.
SEC. 117. None of the funds appropriated by this Act
may be obligated or expended by reprogramming except
pursuant to advance approval of the reprogramming grant-
ed according to the procedure set forth in the Joint Explan-
atory Statement of the Committee of Conference (House Re-
port No. 96–443), which accompanied the District of Co-
lumbia Appropriation Act, 1980, approved October 30,
1979 (93 Stat. 713; Public Law 96–93), as modified in
House Report No. 98–265, and in accordance with the
Reprogramming Policy Act of 1980, effective September 16,
763
1980 (D.C. Law 3–100; D.C. Code, sec. 47–361 et seq.): Pro-
vided, That for the fiscal year ending September 30, 1996
the above shall apply except as modified by Public Law
104–8.
SEC. 118. None of the Federal funds provided in this
Act shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of the District of Columbia.
SEC. 119. None of the Federal Funds provided in this
Act shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency
Act of 1980, approved October 10, 1980 (94 Stat. 1824;
Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ-
mental Protection Agency estimated miles per gallon aver-
age of less than 22 miles per gallon: Provided, That this
section shall not apply to security, emergency rescue, or ar-
mored vehicles.
SEC. 120. (a) Notwithstanding section 422(7) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–
242(7)), the City Administrator shall be paid, during any
fiscal year, a salary at a rate established by the Mayor,
not to exceed the rate established for level IV of the Execu-
tive Schedule under 5 U.S.C. 5315.
764
(b) For purposes of applying any provision of law lim-
iting the availability of funds for payment of salary or pay
in any fiscal year, the highest rate of pay established by
the Mayor under subsection (a) of this section for any posi-
tion for any period during the last quarter of calendar year
1995 shall be deemed to be the rate of pay payable for that
position for September 30, 1995.
(c) Notwithstanding section 4(a) of the District of Co-
lumbia Redevelopment Act of 1945, approved August 2,
1946 (60 Stat. 793; Public Law 79–592; D.C. Code, sec.
5–803(a)), the Board of Directors of the District of Colum-
bia Redevelopment Land Agency shall be paid, during any
fiscal year, per diem compensation at a rate established by
the Mayor.
SEC. 121. Notwithstanding any other provisions of
law, the provisions of 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.),
enacted pursuant to section 422(3) of the District of Colum-
bia Self-Government and Governmental Reorganization Act
of 1973, approved December 24, 1973 (87 Stat. 790; Public
Law 93–198; D.C. Code, sec. 1–242(3)), shall apply with
respect to the compensation of District of Columbia employ-
ees: Provided, That for pay purposes, employees of the Dis-
765
trict of Columbia government shall not be subject to the pro-
visions of title 5 of the United States Code.
SEC. 122. The Director of the Department of Adminis-
trative Services may pay rentals and repair, alter, and im-
prove rented premises, without regard to the provisions of
section 322 of the Economy Act of 1932 (Public Law 72–
212; 40 U.S.C. 278a), upon a determination by the Direc-
tor, that by reason of circumstances set forth in such deter-
mination, the payment of these rents and the execution of
this work, without reference to the limitations of section
322, is advantageous to the District in terms of economy,
efficiency, and the District’s best interest.
SEC. 123. No later than 30 days after the end of the
first quarter of the fiscal year ending September 30, 1996,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year 1996
revenue estimates as of the end of the first quarter of fiscal
year 1996. These estimates shall be used in the budget re-
quest for the fiscal year ending September 30, 1997. The
officially revised estimates at midyear shall be used for the
midyear report.
SEC. 124. No sole source contract with the District of
Columbia government or any agency thereof may be re-
newed or extended without opening that contract to the
competitive bidding process as set forth in section 303 of
766
the District of Columbia Procurement Practices Act of 1985,
effective February 21, 1986 (D.C. Law 6–85; D.C. Code, sec.
1–1183.3), except that the District of Columbia Public
Schools may renew or extend sole source contracts for which
competition is not feasible or practical, provided that the
determination as to whether to invoke the competitive bid-
ding process has been made in accordance with duly pro-
mulgated Board of Education rules and procedures.
SEC. 125. For purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985, approved December
12, 1985 (99 Stat. 1037; Public Law 99–177), as amended,
the term ‘‘program, project, and activity’’ shall be synony-
mous with and refer specifically to each account appro-
priating Federal funds in this Act, and any sequestration
order shall be applied to each of the accounts rather than
to the aggregate total of those accounts: Provided, That se-
questration orders shall not be applied to any account that
is specifically exempted from sequestration by the Balanced
Budget and Emergency Deficit Control Act of 1985, ap-
proved December 12, 1985 (99 Stat. 1037; Public Law 99–
177), as amended.
SEC. 126. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat.
1037: Public Law 99–177), as amended, after the amounts
767
appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Sec-
retary of the Treasury, within 15 days after receipt of a
request therefor from the Secretary of the Treasury, such
amounts as are sequestered by the order: Provided, That the
sequestration percentage specified in the order shall be ap-
plied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by the Balanced Budget and Emergency Defi-
cit Control Act of 1985, approved December 12, 1985 (99
Stat. 1037; Public Law 99–177), as amended.
SEC. 127. For the fiscal year ending September 30,
1996, the District of Columbia shall pay interest on its
quarterly payments to the United States that are made
more than 60 days from the date of receipt of an itemized
statement from the Federal Bureau of Prisons of amounts
due for housing District of Columbia convicts in Federal
penitentiaries for the preceding quarter.
SEC. 128. Nothing in this Act shall be construed to
authorize any office, agency or entity to expend funds for
programs or functions for which a reorganization plan is
required but has not been approved by the Council pursuant
to section 422(12) of the District of Columbia Self-Govern-
ment and Governmental Reorganization Act of 1973, ap-
768
proved December 24, 1973 (87 Stat. 790; Public Law 93–
198; D.C. Code, sec. 1–242(12)) and the Governmental Re-
organization Procedures Act of 1981, effective October 17,
1981 (D.C. Law 4–42; D.C. Code, sec. 1–299.1 to 1–299.7).
Appropriations made by this Act for such programs or
functions are conditioned on the approval by the Council,
prior to October 1, 1995, of the required reorganization
plans.
SEC. 129. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1996 if—
(1) the Mayor approves the acceptance and use
of the gift or donation: Provided, That the Council of
the District of Columbia may accept and use gifts
without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry
out its authorized functions or duties.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a) of this
section, and shall make such records available for audit and
public inspection.
(c) For the purposes of this section, the term ‘‘entity
of the District of Columbia government’’ includes an inde-
pendent agency of the District of Columbia.
769
(d) This section shall not apply to the District of Co-
lumbia Board of Education, which may, pursuant to the
laws and regulations of the District of Columbia, accept
and use gifts to the public schools without prior approval
by the Mayor.
SEC. 130. None of the Federal funds provided in this
Act may be used by the District of Columbia to provide
for salaries, expenses, or other costs associated with the of-
fices of United States Senator or United States Representa-
tive under section 4(d) of the District of Columbia State-
hood Constitutional Convention Initiatives of 1979, effective
March 10, 1981 (D.C. Law 3–171; D.C. Code, sec. 1–
113(d)).
PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS
SEC. 131. None of the funds appropriated under this
Act shall be expended for any abortion except where the life
of the mother would be endangered if the fetus were carried
to term or where the pregnancy is the result of an act of
rape or incest.
PROHIBITION ON DOMESTIC PARTNERS ACT
SEC. 132. No funds made available pursuant to any
provision of this Act shall be used to implement or enforce
any system of registration of unmarried, cohabiting couples
whether they are homosexual, lesbian, or heterosexual, in-
cluding but not limited to registration for the purpose of
770
extending employment, health, or governmental benefits to
such couples on the same basis that such benefits are ex-
tended to legally married couples; nor shall any funds made
available pursuant to any provision of this Act otherwise
be used to implement or enforce D.C. Act 9–188, signed by
the Mayor of the District of Columbia on April 15, 1992.
COMPENSATION FOR THE COMMISSION ON JUDICIAL DIS-
ABILITIES
AND TENURE
AND
FOR
THE JUDICIAL
NOMINATION COMMISSION
SEC. 133. Sections 431(f) and 433(b)(5) of the District
of Columbia Self-Government and Governmental Reorga-
nization Act, approved December 24, 1973 (87 Stat. 813;
Public Law 93–198; D.C. Code, secs. 11–1524 and title 11,
App. 433), are amended to read as follows:
(a) Section 431(f) (D.C. Code, sec. 11–1524) is amend-
ed to read as follows:
‘‘(f) Members of the Tenure Commission shall serve
without compensation for services rendered in connection
with their official duties on the Commission.’’.
(b) Section 433(b)(5) (title 11, App. 433) is amended
to read as follows:
‘‘(5) Members of the Commission shall serve without
compensation for services rendered in connection with their
official duties on the Commission.’’.
771
MULTIYEAR CONTRACTS
SEC. 134. Section 451 of the District of Columbia Self-
Government and Governmental Reorganization Act of 1973,
approved December 24, 1973 (87 Stat. 803; Public Law 93–
198; D.C. Code, sec. 1–1130), is amended by adding a new
subsection (c) to read as follows:
‘‘(c)(1) The District may enter into multiyear con-
tracts to obtain goods and services for which funds would
otherwise be available for obligation only within the fiscal
year for which appropriated.
‘‘(2) If the funds are not made available for the con-
tinuation of such a contract into a subsequent fiscal year,
the contract shall be cancelled or terminated, and the cost
of cancellation or termination may be paid from—
‘‘(A) appropriations originally available for the
performance of the contract concerned;
‘‘(B) appropriations currently available for pro-
curement of the type of acquisition covered by the
contract, and not otherwise obligated; or
‘‘(C) funds appropriated for those payments.
‘‘(3) No contract entered into under this section shall
be valid unless the Mayor submits the contract to the Coun-
cil for its approval and the Council approves the contract
(in accordance with criteria established by act of the Coun-
cil). The Council shall be required to take affirmative action
772
to approve the contract within 45 days. If no action is taken
to approve the contract within 45 calendar days, the con-
tract shall be deemed disapproved.’’.
CALCULATED REAL PROPERTY TAX RATE RESCISSION
AND REAL PROPERTY TAX FREEZE
SEC. 135. The District of Columbia Real Property Tax
Revision Act of 1974, approved September 3, 1974 (88 Stat.
1051; D.C. Code, sec. 47–801 et seq.), is amended as follows:
(1) Section 412 (D.C. Code, sec. 47–812) is
amended as follows:
(A) Subsection (a) is amended by striking
the third and fourth sentences and inserting the
following sentences in their place: ‘‘If the Council
does extend the time for establishing the rates of
taxation on real property, it must establish those
rates for the tax year by permanent legislation.
If the Council does not establish the rates of tax-
ation of real property by October 15, and does
not extend the time for establishing rates, the
rates of taxation applied for the prior year shall
be the rates of taxation applied during the tax
year.’’.
(B) A new subsection (a–2) is added to read
as follows:
773
‘‘(a–2) Notwithstanding the provisions of subsection
(a) of this section, the real property tax rates for taxable
real property in the District of Columbia for the tax year
beginning October 1, 1995, and ending September 30, 1996,
shall be the same rates in effect for the tax year beginning
October 1, 1993, and ending September 30, 1994.’’.
(2) Section 413(c) (D.C. Code, sec. 47–815(c)) is
repealed.
PRISONS INDUSTRIES
SEC. 136. Title 18 U.S.C. 1761(b) is amended by strik-
ing the period at the end and inserting the phrase ‘‘or not-
for-profit organizations.’’ in its place.
REPORTS ON REDUCTIONS
SEC. 137. Within 120 days of the effective date of this
Act, the Mayor shall submit to the Congress and the Council
a report delineating the actions taken by the executive to
effect the directives of the Council in this Act, including—
(1) negotiations with representatives of collective
bargaining units to reduce employee compensation;
(2) actions to restructure existing long-term city
debt;
(3) actions to apportion the spending reductions
anticipated by the directives of this Act to the execu-
tive for unallocated reductions; and
774
(4) a list of any position that is backfilled in-
cluding description, title, and salary of the position.
MONTHLY REPORTING REQUIREMENTS—BOARD OF
EDUCATION
SEC. 138. The Board of Education shall submit to the
Congress, Mayor, and Council of the District of Columbia
no later than fifteen (15) calendar days after the end of
each month a report that sets forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections vs. budget broken
out on the basis of control center, responsibility cen-
ter, agency reporting code, and object class, and for
all funds, including capital financing;
(2) a breakdown of FTE positions and staff for
the most current pay period broken out on the basis
of control center, responsibility center, and agency re-
porting code within each responsibility center, for all
funds, including capital funds;
(3) a list of each account for which spending is
frozen and the amount of funds frozen, broken out by
control center, responsibility center, detailed object,
and agency reporting code, and for all funding
sources;
775
(4) a list of all active contracts in excess of
$10,000 annually, which contains; the name of each
contractor; the budget to which the contract is charged
broken out on the basis of control center, responsibil-
ity center, and agency reporting code; and contract
identifying codes used by the D.C. Public Schools;
payments made in the last month and year-to-date,
the total amount of the contract and total payments
made for the contract and any modifications, exten-
sions, renewals; and specific modifications made to
each contract in the last month;
(5) all reprogramming requests and reports that
are required to be, and have been, submitted to the
Board of Education; and
(6) changes made in the last month to the orga-
nizational structure of the D.C. Public Schools, dis-
playing previous and current control centers and re-
sponsibility centers, the names of the organizational
entities that have been changed, the name of the staff
member supervising each entity affected, and the rea-
sons for the structural change.
MONTHLY REPORTING REQUIREMENT
UNIVERSITY OF THE DISTRICT OF COLUMBIA
SEC. 139. The University of the District of Columbia
shall submit to the Congress, Mayor, and Council of the Dis-
776
trict of Columbia no later than fifteen (15) calendar days
after the end of each month a report that sets forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections vs. budget broken
out on the basis of control center, responsibility cen-
ter, and object class, and for all funds, including cap-
ital financing;
(2) a breakdown of FTE positions and all em-
ployees for the most current pay period broken out on
the basis of control center and responsibility center,
for all funds, including capital funds;
(3) a list of each account for which spending is
frozen and the amount of funds frozen, broken out by
control center, responsibility center, detailed object,
and for all funding sources;
(4) a list of all active contracts in excess of
$10,000 annually, which contains: the name of each
contractor; the budget to which the contract is charged
broken out on the basis of control center and respon-
sibility center, and contract identifying codes used by
the University of the District of Columbia; payments
made in the last month and year-to-date, the total
amount of the contract and total payments made for
the contract and any modifications, extensions, re-
777
newals; and specific modifications made to each con-
tract in the last month;
(5) all reprogramming requests and reports that
have been made by the University of the District of
Columbia within the last month in compliance with
applicable law; and
(6) changes in the last month to the organiza-
tional structure of the University of the District of
Columbia, displaying previous and current control
centers and responsibility centers, the names of the or-
ganizational entities that have been changed, the
name of the staff member supervising each entity af-
fected, and the reasons for the structural change.
ANNUAL REPORTING REQUIREMENTS
SEC. 140. (a) The Board of Education of the District
of Columbia and the University of the District of Columbia
shall annually compile an accurate and verifiable report
on the positions and employees in the public school system
and the university, respectively. The annual report shall set
forth—
(1) the number of validated schedule A positions
in the District of Columbia Public Schools and the
University of the District of Columbia for fiscal year
1995, fiscal year 1996, and thereafter on full-time
equivalent basis, including a compilation of all posi-
778
tions by control center, responsibility center, funding
source, position type, position title, pay plan, grade,
and annual salary; and
(2) a compilation of all employees in the District
of Columbia Public Schools and the University of the
District of Columbia as of the preceding December 31,
verified as to its accuracy in accordance with the
functions that each employee actually performs, by
control center, responsibility center, agency reporting
code, program (including funding source), activity,
location for accounting purposes, 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.
ANNUAL BUDGETS AND BUDGET REVISIONS
SEC. 141. (a) Not later than October 1, 1995, or within
15 calendar days after the date of the enactment of the Dis-
trict of Columbia Appropriations Act, 1996, whichever oc-
curs later, and each succeeding year, the Board of Edu-
cation and the University of the District of Columbia shall
submit to the Congress, the Mayor, and Council of the Dis-
trict of Columbia, a revised appropriated funds operating
779
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 appropriation and that re-
aligns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual ex-
penditures.
(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 Dis-
trict of Columbia submit to the Mayor of the District of
Columbia for inclusion in the Mayor’s budget submission
to the Council of the District of Columbia pursuant to sec-
tion 442 of the District of Columbia Self-Government and
Governmental Reorganization Act, Public Law 93–198, as
amended (D.C. Code, sec. 47–301).
BUDGET APPROVAL
SEC. 142. The Board of Education the Board of Trust-
ees 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 Reorganization Act,
780
Public Law 93–198, as amended (D.C. Code, sec. 47–301),
or before submitting their respective budgets directly to the
Council.
PUBLIC SCHOOL EMPLOYEE EVALUATIONS
SEC. 143. Notwithstanding any other provision of law,
rule, or regulation, the evaluation process and instruments
for evaluating District of Columbia Public Schools employ-
ees shall be a non-negotiable item for collective bargaining
purposes.
POSITION VACANCIES
SEC. 144. (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 agen-
cy submits a proposed resolution of intent to fill the vacant
position to the Council. The Council shall be required to
take affirmative action on the Mayor’s resolution within 30
legislative days. If the Council does not affirmatively ap-
prove the resolution within 30 legislative days, the resolu-
tion shall be deemed disapproved.
(b) No reduction in the number of full-time equivalent
positions or reduction-in-force due to privatization or con-
tracting out shall occur if the District of Columbia Finan-
cial Responsibility and Management Assistance Authority,
781
established by section 101(a) of the District of Columbia
Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 1995 (109 Stat. 97; Public Law
104–8), disallows the full-time equivalent position reduction
provided in this act in meeting the maximum ceiling of
35,984 for the fiscal year ending September 30, 1996.
(c) This section shall not prohibit the appropriate per-
sonnel authority from filling a vacant position with a Dis-
trict government employee currently occupying a position
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.
MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN-
FORCE PROCEDURES
SEC. 145. The District of Columbia Government Com-
prehensive 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:
782
‘‘(13A) ‘Nonschool-based personnel’ means any em-
ployee 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 principals, as-
sistant principals, school program directors, coordinators,
instructional supervisors, and support personnel of the Dis-
trict of Columbia Public Schools.’’.
(b) Section 801A(b)(2) (D.C. Code, sec. 1–609.1(b)(2))
is amended by adding a new subparagraph (L–i) to read
as follows:
‘‘(L–i) Notwithstanding any other provision of law,
the Board of Education shall not issue rules that require
or permit nonschool-based personnel or school administra-
tors 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 teach-
ers.’’.
783
SEC. 146. (a) Notwithstanding any other provision of
law, rule, or regulation, an employee of the District of Co-
lumbia 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. 147. None of the funds provided in this Act may
be used directly or indirectly for the renovation of the prop-
erty located at 227 7th Street Southeast (commonly known
as Eastern Market), except that funds provided in this Act
may be used for the regular maintenance and upkeep of
the current structure and grounds located at such property.
CAPITAL PROJECT EMPLOYEES
SEC. 148. (a) Not later than 15 days after the end of
every fiscal quarter (beginning October 1, 1995), the Mayor
shall submit to the Council of the District of Columbia, the
District of Columbia Financial Responsibility and Man-
agement Assistance Authority, and the Committees on Ap-
propriations of the House of Representatives and the Senate
784
a report with respect to the employees on the capital project
budget for the previous 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.
MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES
SEC. 149. The District of Columbia Government Com-
prehensive 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 per-
sonnel 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 sub-
division of an agency.’’.
785
(b) A new section 2406 is added to read as follows:
‘‘SEC. 2406. Abolishment of positions for Fiscal Year
1996.
‘‘(a) Notwithstanding any other provision of law, regu-
lation, 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 iden-
tify positions for abolishment.
‘‘(b) Prior to February 1, 1996, each personnel author-
ity 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 encumbers
a position identified for abolishment shall be separated
without competition or assignment rights, except as pro-
vided in this section.
‘‘(d) An employee affected by the abolishment of a posi-
tion 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 lim-
ited to positions in the employee’s competitive level.
786
‘‘(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 pur-
poses of this subsection only, a nonresident District em-
ployee 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 Elizabeths Hospital
who accepted employment with the District 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 his section shall be subject to review except as follows—
‘‘(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 Em-
ployee Appeals an appeal contesting that the separa-
787
tion procedures of subsections (d) and (f) of this sec-
tion 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 Reemploy-
ment Priority Program or the Displaced Employee Pro-
gram established pursuant to Chapter 24 of the District
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,
788
on any incumbent employee remaining in any position
identified to be abolished pursuant to subsection (b) of this
section’’.
Sec. 150. (a) CEILING ON TOTAL OPERATING EX-
PENSES.—Notwithstanding any other provision of law, the
total amount appropriated in this Act for operating ex-
penses for the District of Columbia for fiscal year 1996
under the caption ‘‘Division of Expenses’’ shall not exceed
$4,994,000,000 of which $165,339,000 shall be from intra-
District funds.
(b) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED
IN CEILING.—
(1) IN
GENERAL.—Notwithstanding subsection
(a), the Mayor of the District of Columbia may ac-
cept, obligate, and expend Federal, private, and other
grants received by the District government that are
not reflected in the amounts appropriated in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER
REPORT AND FINANCIAL RESPONSIBILITY AND MAN-
AGEMENT
ASSISTANCE
AUTHORITY
APPROVAL.—No
such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to paragraph (1)
until—
(A) the Chief Financial Officer of the Dis-
trict submits to the District of Columbia Finan-
789
cial Responsibility and Management Assistance
Authority established by Public Law 104–8 (109
Stat. 97) a report setting forth detailed informa-
tion regarding such grant; and
(B) the District of Columbia Financial Re-
sponsibility and Management Assistance Author-
ity has reviewed and approved the acceptance,
obligation, and expenditure of such grant in ac-
cordance with review and approval procedures
consistent with the provisions of Public Law
104–8.
(3) PROHIBITION ON SPENDING IN ANTICIPATION
OF APPROVAL OR RECEIPT.—No amount may be obli-
gated or expended from the general fund or other
funds of the District government in anticipation of
the approval or receipt of a grant under paragraph
(2)(B) or in anticipation of the approval or receipt
of a Federal, private, or other grant not subject to
such paragraph.
(4) MONTHLY REPORTS.—The Chief Financial
Officer of the District shall prepare a monthly report
setting forth detailed information regarding all Fed-
eral, private, and other grants subject to this sub-
section. Each such report shall be submitted to the
Council of the District of Columbia, and to the Com-
790
mittees on Appropriations of the House of Represent-
atives and the Senate, not later than 15 days after the
end of the month covered by the report.
PLANS FOR LORTON CORRECTIONAL COMPLEX
SEC. 151. (a) DEVELOPMENT OF PLANS.—Not later
than March 15, 1996, the District of Columbia shall develop
a series of alternative plans meeting the requirements of
subsection (b) for the use and operation of the Lorton Cor-
rectional Complex (hereafter in this section referred to as
the ‘‘Complex’’), including—
(1) a plan under which the Complex will be
closed;
(2) a plan under which the Complex will remain
in operation under the management of the District of
Columbia subject to such modifications as the District
considers appropriate;
(3) a plan under which the Complex will be op-
erated under the management of the Federal govern-
ment;
(4) a plan under which the Complex will be op-
erated under private management; and
(5) such other plans as the District of Columbia
considers appropriate.
791
(b) REQUIREMENTS FOR PLANS.—Each of the plans
developed by the District of Columbia under subsection (a)
shall meet the following requirements:
(1) The plan shall provide for an appropriate
transition period not to exceed 5 years in length.
(2) The plan shall include provisions specifying
how and to what extent the District will utilize alter-
native management, including the private sector, for
the operation of correctional facilities for the District,
and shall include provisions describing the treatment
under such alternative management (including under
contracts) of site selection, design, financing, con-
struction, and operation of correctional facilities for
the District.
(3) The plan shall include a description of any
legislation required to implenent the plan.
(4) The plan shall include an implementation
schedule, together with specific performance measures
and timelines to determine the extent to which the
District is meeting the schedule during the transition
period.
(5) Under the plan, the Mayor of the District of
Columbia shall submit a semi-annual report to the
President, Congress, and the District of Columbia Fi-
nancial Responsibility and Management Assistance
792
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 Colum-
bia Financial Responsibility and Management Assist-
ance Authority on all significant measures taken
under the plan as soon as such measures are taken.
(6) For each of the years during which the plan
is in effect, the plan shall be consistent with the fi-
nancial 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 Manage-
ment Assistance Act of 1995.
(c) SUBMISSION OF PLAN.—Upon completing the de-
velopment of the plans under subsection (a), the District
of Columbia shall submit the plans to the President, Con-
gress, and the District of Columbia Financial Responsibil-
ity and Management Assistance Authority.
PROHIBITION AGAINST ADOPTION BY UNMARRIED
COUPLES
SEC. 152. (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 subsection:
793
‘‘(b)(1) Except as provided in paragraph (2), no per-
son may join in a petition under this section unless the
person is the spouse of the petitioner.
‘‘(2) An unmarried person may file a petition for
adoption where no other person joins in the petition or
where the co-petitioner is the natural parent of the child.’’.
TECHNICAL CORRECTIONS TO FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE ACT
SEC. 153. (a) REQUIRING GSA TO PROVIDE SUPPORT
SERVICES.—Section 103(f) of the District of Columbia Fi-
nancial 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.—Subsection
(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—
794
‘‘(A) may elect, for the purposes set forth in
paragraph (2)(A), to be treated, for so long as
that individual remains continuously employed
by the Authority, as if such individual had not
separated from service with the Federal Govern-
ment, subject to paragraph (3); and
‘‘(B) shall, if such employee subsequently be-
comes reemployed by the Federal Government, be
entitled to have such individual’s service with the
Authority treated, for purposes of determining
the appropriate leave accrual rate, as if it had
been service with the Federal Government.
‘‘(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 describe in such provisions for pur-
poses of—
‘‘(i) chapter 83 or 84 of title 5, United
States Code, as appropriate (relating to re-
tirement), including the Thrift Savings
Plan;
‘‘(ii) chapter 87 of such title (relating
to life insurance); and
795
‘‘(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) corresponding
to the respective programs referred to in sub-
paragraph (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 sepa-
rates from service with the Federal Government;
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.
796
‘‘(5) REGULATIONS.—Any regulations necessary
to carry out this subsection shall be prescribed in con-
sultation with the Authority 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 involved.’’.
(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 Man-
agement, in conjunction with each corresponding of-
fice or agency of the government of the District of Co-
lumbia and in consultation with the Authority, shall
prescribe regulations under which any individual who
becomes employed by the Authority (under cir-
cumstances other than as described in subsection (e))
may elect either—
797
(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 elec-
tion remains in effect, from participating in any of
the programs referred to in the other such subpara-
graph.
‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE OR
AGENCY’.—For purposes of paragraph (1), the term
‘corresponding office or agency of the government of
the District of Columbia’ means, with respect to any
program administered by the Office of Personnel
Management, the office or agency responsible for ad-
ministering the corresponding program (if any) of-
fered by the government of the District of Columbia.
‘‘(4) THRIFT SAVINGS PLAN.—To the extent that
the Thrift Savings Plan is involved, the preceding
provisions of this subsection shall be applied by sub-
stituting ‘the Executive Director referred to in section
798
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; elec-
tion for employees appointed during interim pe-
riod.—
(A) EFFECTIVE
DATE.—Not later than 6
months after the date of enactment of this Act,
there shall be prescribed in consultation with the
Authority (and take effect)—
(i) regulations to carry out the amend-
ments 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 Dis-
trict of Columbia Financial Responsibility
799
and Management Assistance Act of 1995, as
amended by this subsection. Such regula-
tions shall be prescribed jointly by the Of-
fice of Personnel Management and each cor-
responding office or agency of the govern-
ment of the District of Columbia (in the
same manner as provided 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 Dis-
trict of Columbia referred to in section
102(e)(2)(B) of such Act (as so amend-
ed).
(C) ELECTION FOR EMPLOYEES APPOINTED
DURING INTERIM PERIOD.—
(i) FROM
THE
FEDERAL
GOVERN-
MENT.—Subsection (e) of section 102 of the
District of Columbia Financial Responsibil-
ity and Management Assistance Act of 1995
800
(as last in effect before the date of enact-
ment of this Act) shall be deemed to have re-
mained in effect for purposes of any Federal
employee who becomes employed by the Dis-
trict of Columbia Financial Responsibility
and Management Assistance Authority dur-
ing the period beginning on such date of en-
actment and ending on the day before the
effective date of the regulations prescribed to
carry out subparagraph (B).
(ii) OTHER INDIVIDUALS.—The regula-
tions prescribed to carry out subsection (f)
of section 102 of the District of Columbia
Financial Responsibility and Management
Assistance Act of 1995 (as amended by this
subsection) shall include provisions under
which an election under such subsection
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 effec-
tive date of such regulations;
801
(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 sub-
section (f)(1)(B) of such section 102 (as
so amended).
(c) EXEMPTION FROM LIABILITY FOR CLAIMS FOR AU-
THORITY EMPLOYEES.—Section 104 of such Act is amend-
ed—
(1) by striking ‘‘the Authority and its members’’
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 employees
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).
802
ESTABLISHMENT OF EXCLUSIVE ACCOUNTS FOR BLUE
PLAINS ACTIVITIES
SEC. 154. (a) OPERATION
AND MAINTENANCE AC-
COUNT.—
(1) CONTENTS OF ACCOUNT.—There is hereby es-
tablished within the Water and Sewer Enterprise
Fund the Operation and Maintenance Account, con-
sisting of all fund paid to the District of Columbia
on or after the date of the enactment of this Act which
are—
(A) attributable to waste water treatment
user charges;
(B) paid by users jurisdictions for the oper-
ation and maintenance of the Blue Plains
Wastewater Treatment Facility and related
waste water treatment works; or
(C) appropriated or otherwise provided for
the operation and maintenance of the Blue
Plains Wastewater Treatment Facility and relat-
ed waste water treatment works.
(2) USE OF FUNDS IN ACCOUNT.—Funds in the
Operation and Maintenance Account shall be used
solely for funding the operation and maintenance of
the Blue Plains Wastewater Treatment Facility and
related waste water treatment works and may not be
803
obligated or expended for any other purpose, and may
be used for related debt service and capital costs if
such funds are not attributable to user charges as-
sessed for purposes of section 204(b)(1) of the Federal
Water Pollution Control Act.
(b) EPA GRANT ACCOUNT.—
(1) CONTENTS OF ACCOUNT.—There is hereby es-
tablished within the Water and Sewer Enterprise
Fund and EPA Grant Account, consisting of all
funds paid to the District of Columbia on or after the
date of the enactment of this Act which are—
(A) attributable to grants from the Environ-
mental Protection Agency for construction at the
Blue Plains Wastewater Treatment Facility and
related waste water treatment works; or
(B) appropriated or otherwise provided for
construction at the Blue Plains Wastewater
Treatment Facility and related waste water
treatment works.
(2) USE OF FUNDS IN ACCOUNT.—Funds in the
EPA Grant Account shall be used solely for the pur-
poses specified under the terms of the grants and ap-
propriations involved, and may not be obligated or
expended for any other purpose.
804
SEC. 155. (a) Up to 50 police officers and up to 50
Fire and Emergency Medical Services members who were
hired before February 14, 1980, and who retire on disability
before the end of calendar year 1996 shall be excluded from
the computation of the rate of disability retirements under
subsection 145(a) of the District of Columbia Retirement
Reform Act of 1979 (93 Stat. 882; D.C. Code, sec. 1–
725(a)), for purposes of reducing the authorized Federal
payment to the District of Columbia Police Offices and Fire
Fighters’ Retirement Fund pursuant to subsection 145(c)
of the District of Columbia Retirement Reform Act of 1979.
(b) The Mayor, within 30 days after the enactment of
this provision, shall engage an enrolled actuary, to be paid
by the District of Columbia Retirement Board, and shall
comply with the requirements of section 142(d) and section
144(d) of the District of Columbia Retirement Reform Act
of 1979 (Public Law 96–122, approved November 17, 1979;
D.C. Code, secs. 1–722(d) and 1–724(d)).
This title may be cited as the ‘‘District of Columbia
Appropriations Act, 1996’’.
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’’.
805
SEC. 2002. DEFINITIONS.
Except as otherwise provided, for purposes of this title:
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means—
(A) the Committee on Appropriations of the
House of Representatives and the Committee 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’’ means the aggregate at-
tendance of students of the school during the period
806
divided by the number of days during the period in
which—
(A) the school is in session; and
(B) the students of the school are under the
guidance and direction of teachers.
(4) AVERAGE
DAILY
MEMBERSHIP.—The term
‘‘average daily membership’’ means the aggregate en-
rollment of students of the school during the period
divided by the number of days during the period in
which—
(A) the school is in session; and
(B) the students of the school are under the
guidance and direction of teachers.
(5) BOARD OF EDUCATION.—The term ‘‘Board of
Education’’ means the Board of Education of the Dis-
trict of Columbia.
(6) BOARD OF TRUSTEES.—The term ‘‘Board of
Trustees’’ means the governing board of a public char-
ter school, the members of which are selected pursuant
to the charter granted to the school and in a manner
consistent with this title.
(7) CONSENSUS COMMISSION.—The term ‘‘Con-
sensus Commission’’ means the Commission on Con-
sensus Reform in the District of Columbia public
schools established under subtitle L.
807
(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 grade 12 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 pursuant to sec-
tion 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 Columbia
Self-Government and Governmental Reorga-
nization Act;
808
(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 Colum-
bia;
(v) the District of Columbia Council;
and
(vi) any other agency, public author-
ity, or public nonprofit corporation that has
the authority to receive moneys directly or
indirectly from the District of Columbia
(other than moneys received from the sale of
goods, the provision of services, or the loan-
ing of funds to the District of Columbia).
(B) EXCEPTION.—The term ‘‘District of Co-
lumbia Government’’ neither includes the Au-
thority nor a public charter school.
(11) DISTRICT OF COLUMBIA GOVERNMENT RE-
TIREMENT SYSTEM.—The term ‘‘District of Columbia
Government retirement system’’ means the retirement
programs authorized by the District of Columbia
Council or the Congress for employees of the District
of Columbia Government.
(12) DISTRICT OF COLUMBIA PUBLIC SCHOOL.—
809
(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 grade 12; or
(ii) leading to a secondary school di-
ploma, or its recognized equivalent.
(B) EXCEPTION.—The term ‘‘District of Co-
lumbia public school’’ does not include a public
charter school.
(13) DISTRICTWIDE
ASSESSMENTS.—The term
‘‘districtwide assessments’’ means a variety of assess-
ment tools and strategies (including individual stu-
dent assessments under subparagraph (E)(ii)) admin-
istered by the Superintendent to students enrolled in
District of Columbia public schools and public charter
schools that—
(A) are aligned with the District of Colum-
bia’s content standards and core curriculum;
(B) provide coherent information about stu-
dent attainment of such standards;
(C) are used for purposes for which such as-
sessments are valid, reliable, and unbiased, and
are consistent with relevant nationally recog-
810
nized professional and technical standards for
such assessments;
(D) involve multiple up-to-date measures of
student performance, including measures that as-
sess higher order thinking skills and understand-
ing; and
(E) provide for—
(i) the participation in such assess-
ments of all students;
(ii) individual student assessments for
students that fail to reach minimum accept-
able levels of performance;
(iii) the reasonable adaptations and
accommodations for students with special
needs (as defined in paragraph (32)) nec-
essary to measure the achievement of such
students relative to the District of Colum-
bia’s content standards; and
(iv) the inclusion of limited-English
proficient students, who shall be assessed, to
the extent practicable, in the language and
form most likely to yield accurate and reli-
able information regarding such students’
knowledge and abilities.
811
(14) ELECTRONIC
DATA
TRANSFER
SYSTEM.—
The term ‘‘electronic data transfer system’’ means a
computer-based process for the maintenance and
transfer of student records designed to permit the
transfer of individual student records among District
of Columbia public schools and public charter schools.
(15) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ means an institutional day or residen-
tial school that provides elementary education, as de-
termined under District of Columbia law.
(16) ELIGIBLE APPLICANT.—The term ‘‘eligible
applicant’’ means a person, including a private, pub-
lic, or quasi-public entity, or an institution of higher
education (as defined in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a))), that
seeks to establish a public charter school in the Dis-
trict of Columbia.
(17) ELIGIBLE
CHARTERING
AUTHORITY.—The
term ‘‘eligible chartering authority’’ means any of the
following:
(A) The Board of Education.
(B) The Public Charter School Board.
(C) Any one entity designated as an eligible
chartering authority by enactment of a bill by
812
the District of Columbia Council after the date
of the enactment of this Act.
(18) FAMILY
RESOURCE
CENTER.—The term
‘‘family resource center’’ means an information
desk—
(A) located in a District of Columbia public
school or a public charter school serving a major-
ity of students whose family income is not great-
er than 185 percent of the income official poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with
section 673(2) of the Community Services Block
Grant Act applicable to a family of the size in-
volved (42 U.S.C. 9902(3))); 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) INDIVIDUAL CAREER PATH.—The term ‘‘in-
dividual career path’’ means a program of study that
provides a secondary school student the skills nec-
essary to compete in the 21st century workforce.
(20) LITERACY.—The term ‘‘literacy’’ means—
813
(A) in the case of a minor student, such stu-
dent’s ability to read, write, and speak in Eng-
lish, and compute and solve problems at levels of
proficiency necessary to function in society, to
achieve such student’s goals, and develop such
student’s knowledge and potential; and
(B) in the case of an adult, such adult’s
ability to read, write, and speak in English, and
compute and solve problems at levels of pro-
ficiency necessary to function on the job and in
society, to achieve such adult’s goals, and develop
such adult’s knowledge and potential.
(21) LONG-TERM
REFORM
PLAN.—The term
‘‘long-term reform plan’’ means the plan submitted by
the Superintendent under section 2101.
(22) MAYOR.—The term ‘‘Mayor’’ means the
Mayor of the District of Columbia.
(23) METROBUS AND METRORAIL TRANSIT SYS-
TEM.—The term ‘‘Metrobus and Metrorail Transit
System’’ means the bus and rail systems administered
by the Washington Metropolitan Area Transit Au-
thority.
(24) MINOR STUDENT.—The term ‘‘minor stu-
dent’’ means an individual who—
814
(A) is enrolled in a District of Columbia
public school 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).
(25) NONRESIDENT STUDENT.—The term ‘‘non-
resident 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.
(26) PARENT.—The term ‘‘parent’’ means a per-
son who has custody of a child, 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.
815
(27) PETITION.—The term ‘‘petition’’ means a
written application.
(28) 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 student
achievement on districtwide assessments established
under subtitle D.
(29) PUBLIC
CHARTER
SCHOOL.—The term
‘‘public charter school’’ means a publicly funded
school in the District of Columbia that—
(A) is established pursuant to subtitle B;
and
(B) except as provided under sections
2212(d)(5) and 2213(c)(5) is not a part of the
District of Columbia public schools.
(30) PUBLIC
CHARTER
SCHOOL
BOARD.—The
term ‘‘Public Charter School Board’’ means the Pub-
lic Charter School Board established under section
2214.
(31) SECONDARY SCHOOL.—The term ‘‘secondary
school’’ means an institutional day or residential
school that provides secondary education, as deter-
816
mined by District of Columbia law, except that such
term does not include any education beyond grade 12.
(32) STUDENT WITH SPECIAL NEEDS.—The term
‘‘student with special needs’’ means a student who is
a child with a disability as provided in section
602(a)(1) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1401(a)(1)) or a student who
is an individual with a disability as provided in sec-
tion 7(8) of the Rehabilitation Act of 1973 (29 U.S.C.
706(8)).
(33) 
SUPERINTENDENT.—The 
term 
‘‘Super-
intendent’’ means the Superintendent of the District
of Columbia public schools.
(34) TEACHER.—The term ‘‘teacher’’ means any
person employed as a teacher by the Board of Edu-
cation or by a public charter school.
SEC. 2003. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this title, this title
shall be effective during the period beginning on the date
of enactment of this Act and ending 5 years after such date.
Subtitle A—District of Columbia
Reform Plan
SEC. 2101. LONG-TERM REFORM PLAN.
(a) IN GENERAL.—
817
(1) PLAN.—The Superintendent, with the ap-
proval of the Board of Education, shall submit to the
Mayor, the District of Columbia Council, the Author-
ity, the Consensus Commission, and the appropriate
congressional committees, a long-term reform plan,
not later than 90 days after the date of enactment of
this Act, and each February 15 thereafter. The long-
term reform plan shall be consistent with the finan-
cial plan and budget for the District of Columbia for
fiscal year 1996, and each financial plan and budget
for a subsequent fiscal year, as the case may be, re-
quired under section 201 of the District of Columbia
Financial Responsibility and Management Assistance
Act of 1995.
(2) CONSULTATION.—
(A) IN GENERAL.—In developing the long-
term reform plan, the Superintendent—
(i) shall consult with the Board of
Education, the Mayor, the District of Co-
lumbia Council, the Authority, and the
Consensus Commission; and
(ii) shall afford the public, interested
organizations, and groups an opportunity
to present their views and make rec-
818
ommendations regarding the long-term re-
form plan.
(B) SUMMARY OF RECOMMENDATIONS.—The
Superintendent shall include in the long-term
plan a summary of the recommendations made
under subparagraph (A)(ii) and the response of
the Superintendent to the recommendations.
(b) CONTENTS.—
(1) AREAS TO BE ADDRESSED.—The long-term
reform plan shall describe how the District of Colum-
bia public schools will become a world-class education
system that prepares students for lifetime learning in
the 21st century and which is on a par with the best
education systems of other cities, States, and nations.
The long-term reform plan shall include a description
of how the District of Columbia public schools will ac-
complish the following:
(A) Achievement at nationally and inter-
nationally competitive levels by students attend-
ing District of Columbia public schools.
(B) The preparation of students for the
workforce, including—
(i) providing special emphasis for stu-
dents planning to obtain a postsecondary
education; and
819
(ii) the development of individual ca-
reer paths.
(C) The improvement of the health and safe-
ty of students in District of Columbia public
schools.
(D) Local school governance, decentraliza-
tion, autonomy, and parental choice among Dis-
trict of Columbia public schools.
(E) The implementation of a comprehensive
and effective adult education and literacy pro-
gram.
(F) The identification, beginning in grade
3, of each student who does not meet minimum
standards of academic achievement in reading,
writing, and mathematics in order to ensure that
such student meets such standards prior to grade
promotion.
(G) The achievement of literacy, and the
possession of the knowledge and skills necessary
to think critically, communicate effectively, and
perform competently on districtwide assessments,
by students attending District of Columbia pub-
lic schools prior to such student’s completion of
grade 8.
820
(H) The establishment of after-school pro-
grams that promote self-confidence, self-dis-
cipline, self-respect, good citizenship, and respect
for leaders, through such activities as arts class-
es, physical fitness programs, and community
service.
(I) Steps necessary to establish an electronic
data transfer system.
(J) Encourage parental involvement in all
school activities, particularly parent teacher con-
ferences.
(K) 
Development 
and 
implementation,
through the Board of Education and the Super-
intendent, of a uniform dress code for the Dis-
trict of Columbia public schools, that—
(i) shall include a prohibition of gang
membership symbols;
(ii) shall take into account the relative
costs of any such code for each student; and
(iii) may include a requirement that
students wear uniforms.
(L) The establishment of classes, beginning
not later than grade 3, to teach students how to
use computers effectively.
821
(M) The development of community schools
that enable District of Columbia public schools to
collaborate with other public and nonprofit agen-
cies and organizations, local businesses, rec-
reational, cultural, and other community and
human service entities, for the purpose of meet-
ing the needs and expanding the opportunities
available to residents of the communities served
by such schools.
(N) The establishment of programs which
provide counseling, mentoring (especially peer
mentoring), academic support, outreach, and
supportive services to elementary, middle, and
secondary school students who are at risk of
dropping out of school.
(O) The establishment of a comprehensive
remedial education program to assist students
who do not meet basic literacy standards, or the
criteria of promotion gates established in section
2421.
(P) The establishment of leadership develop-
ment projects for middle school principals, which
projects shall increase student learning and
achievement and strengthen such principals as
instructional school leaders.
822
(Q) The implementation of a policy for per-
formance-based evaluation of principals and
teachers, after consultation with the Super-
intendent and unions (including unions that
represent teachers and unions that represent
principals).
(R) The implementation of policies that re-
quire competitive appointments for all District
of Columbia public school positions.
(S) The implementation of policies regard-
ing alternative teacher certification require-
ments.
(T) The implementation of testing require-
ments for teacher licensing renewal.
(U) A review of the District of Columbia
public school central office budget and staffing
reductions for each fiscal year compared to the
level of such budget and reductions at the end of
fiscal year 1995.
(V) The implementation of the discipline
policy for the District of Columbia public schools
in order to ensure a safe, disciplined environ-
ment conducive to learning.
823
(2) OTHER INFORMATION.—For each of the items
described in subparagraphs (A) through (V) of para-
graph (1), the long-term reform plan shall include—
(A) a statement of measurable, objective per-
formance goals;
(B) a description of the measures of per-
formance to be used in determining whether the
Superintendent and Board of Education have
met the goals;
(C) dates by which the goals shall be met;
(D) plans for monitoring and reporting
progress to District of Columbia residents, the
Mayor, the District of Columbia Council, the Au-
thority, the Consensus Commission, and the ap-
propriate congressional committees regarding the
carrying out of the long-term reform plan; and
(E) the title of the management employee of
the District of Columbia public schools most di-
rectly responsible for the achievement of each
goal and, with respect to each such employee, the
title of the employee’s immediate supervisor or
superior.
(c) AMENDMENTS.—The Superintendent, with the ap-
proval of the Board of Education, shall submit any amend-
ment to the long-term reform plan to the Mayor, the District
824
of Columbia Council, the Authority, the Consensus Commis-
sion, and the appropriate congressional committees. Any
amendment to the long-term reform plan shall be consistent
with the financial plan and budget for fiscal year 1996,
and each financial plan and budget for a subsequent fiscal
year, as the case may be, for the District of Columbia re-
quired under section 201 of the District of Columbia Finan-
cial Responsibility and Management Assistance Act of
1995.
Subtitle B—Public Charter Schools
SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.
(a) EXISTING PUBLIC SCHOOL.—An eligible applicant
seeking to convert a District of Columbia public school into
a public charter school—
(1) shall prepare a petition to establish a public
charter school that meets the requirements of section
2202;
(2) shall provide a copy of the petition to—
(A) the parents of minor students attending
the existing school;
(B) adult students attending the existing
school; and
(C) employees of the existing school; and
(3) shall file the petition with an eligible char-
tering authority for approval after the petition—
825
(A) is signed by two-thirds of the sum of—
(i) the total number of parents of
minor students attending the school; and
(ii) the total number of adult students
attending the school; and
(B) is endorsed by at least two-thirds of
full-time teachers employed in the school.
(b) PRIVATE OR INDEPENDENT SCHOOL.—An eligible
applicant seeking to convert an existing private or inde-
pendent school in the District of Columbia into a public
charter school—
(1) shall prepare a petition to establish a public
charter school that is approved by the Board of Trust-
ees or authority responsible for the school and that
meets the requirements of section 2202;
(2) shall provide a copy of the petition to—
(A) the parents of minor students attending
the existing school;
(B) adult students attending the existing
school; and
(C) employees of the existing school; and
(3) shall file the petition with an eligible char-
tering authority for approval after the petition—
(A) is signed by two-thirds of the sum of—
826
(i) the total number of parents of
minor students attending the school; and
(ii) the total number of adult students
attending the school; and
(B) is endorsed by at least two-thirds of
full-time teachers employed in the school.
(c) NEW SCHOOL.—An eligible applicant seeking to es-
tablish in the District of Columbia a public charter school,
but not seeking to convert a District of Columbia public
school or a private or independent school into a public char-
ter school, shall file with an eligible chartering authority
for approval a petition to establish a public charter school
that meets the requirements of section 2202.
SEC. 2202. CONTENTS OF PETITION.
A petition under section 2201 to establish a public
charter school shall include the following:
(1) A statement defining the mission and goals
of the proposed school and the manner in which the
school will meet the content standards, and conduct
the districtwide assessments, described in section
2411(b).
(2) A statement of the need for the proposed
school in the geographic area of the school site.
827
(3) A description of the proposed instructional
goals and methods for the proposed school, which shall
include, at a minimum—
(A) the area of focus of the proposed school,
such as mathematics, science, or the arts, if the
school will have such a focus;
(B) the methods that will be used, including
classroom technology, to provide students with
the knowledge, proficiency, and skills needed—
(i) to become nationally and inter-
nationally competitive students and edu-
cated individuals in the 21st century; and
(ii) to perform competitively on any
districtwide assessments; and
(C) the methods that will be used to improve
student self-motivation, classroom instruction,
and learning for all students.
(4) A description of the scope and size of the pro-
posed school’s program that will enable students to
successfully achieve the goals established by the school,
including the grade levels to be served by the school
and the projected and maximum enrollment of each
grade level.
(5) A description of the plan for evaluating stu-
dent academic achievement at the proposed school and
828
the procedures for remedial action that will be used
by the school when the academic achievement of a stu-
dent falls below the expectations of the school.
(6) An operating budget for the first 2 years of
the proposed school that is based on anticipated en-
rollment and contains—
(A) a description of the method for conduct-
ing annual audits of the financial, administra-
tive, and programmatic operations of the school;
(B) either—
(i) an identification of the site where
the school will be located, including a de-
scription of any buildings on the site and
any buildings proposed to be constructed on
the site; or
(ii) a timetable by which such an iden-
tification will be made;
(C) a description of any major contracts
planned, with a value equal to or exceeding
$10,000, for equipment and services, leases, im-
provements, purchases of real property, or insur-
ance; and
(D) a timetable for commencing operations
as a public charter school.
829
(7) A description of the proposed rules and poli-
cies for governance and operation of the proposed
school.
(8) Copies of the proposed articles of incorpora-
tion and bylaws of the proposed school.
(9) The names and addresses of the members of
the proposed Board of Trustees and the procedures for
selecting trustees.
(10) A description of the student enrollment, ad-
mission, suspension, expulsion, and other disciplinary
policies and procedures of the proposed school, and
the criteria for making decisions in such areas.
(11) A description of the procedures the proposed
school plans to follow to ensure the health and safety
of students, employees, and guests of the school and to
comply with applicable health and safety laws, and
all applicable civil rights statutes and regulations of
the Federal Government and the District of Columbia.
(12) An explanation of the qualifications that
will be required of employees of the proposed school.
(13) An identification, and a description, of the
individuals and entities submitting the petition, in-
cluding their names and addresses, and the names of
the organizations or corporations of which such indi-
viduals are directors or officers.
830
(14) A description of how parents, teachers, and
other members of the community have been involved
in the design and will continue to be involved in the
implementation of the proposed school.
(15) A description of how parents and teachers
will be provided an orientation and other training to
ensure their effective participation in the operation of
the public charter school.
(16) An assurance the proposed school will seek,
obtain, and maintain accreditation from at least one
of the following:
(A) The Middle States Association of Col-
leges and Schools.
(B) The Association of Independent Mary-
land Schools.
(C) The Southern Association of Colleges
and Schools.
(D) The Virginia Association of Independ-
ent Schools.
(E) American Montessori Internationale.
(F) The American Montessori Society.
(G) The National Academy of Early Child-
hood Programs.
831
(H) Any other accrediting body deemed ap-
propriate by the eligible chartering authority
that granted the charter to the school.
(17) In the case that the proposed school’s edu-
cational program includes preschool or prekinder-
garten, an assurance the proposed school will be li-
censed as a child development center by the District
of Columbia Government not later than the first date
on which such program commences.
(18) An explanation of the relationship that will
exist between the public charter school and the school’s
employees.
(19) A statement of whether the proposed school
elects to be treated as a local educational agency or
a District of Columbia public school for purposes of
part B of the Individuals With Disabilities Education
Act (20 U.S.C. 1411 et seq.) and section 504 of the
Rehabilitation Act of 1973 (20 U.S.C. 794), and not-
withstanding any other provision of law the eligible
chartering authority shall not have the authority to
approve or disapprove such election.
SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC
CHARTER SCHOOL PETITIONS.
(a) SCHEDULE.—An eligible chartering authority
shall establish a schedule for receiving petitions to establish
832
a public charter school and shall publish any such schedule
in the District of Columbia Register and newspapers of gen-
eral circulation.
(b) PUBLIC HEARING.—Not later than 45 days after
a petition to establish a public charter school is filed with
an eligible chartering authority, the eligible chartering au-
thority shall hold a public hearing on the petition to gather
the information that is necessary for the eligible chartering
authority to make the decision to approve or deny the peti-
tion.
(c) NOTICE.—Not later than 10 days prior to the
scheduled date of a public hearing on a petition to establish
a public charter school, an eligible chartering authority—
(1) shall publish a notice of the hearing in the
District of Columbia Register and newspapers of gen-
eral circulation; and
(2) shall send a written notification of the hear-
ing date to the eligible applicant who filed the peti-
tion.
(d) APPROVAL.—Subject to subsection (i), an eligible
chartering authority may approve a petition to establish
a public charter school, if—
(1) the eligible chartering authority determines
that the petition satisfies the requirements of this sub-
title;
833
(2) the eligible applicant who filed the petition
agrees to satisfy any condition or requirement, con-
sistent with this subtitle and other applicable law,
that is set forth in writing by the eligible chartering
authority as an amendment to the petition; and
(3) the eligible chartering authority determines
that the public charter school has the ability to meet
the educational objectives outlined in the petition.
(e) TIMETABLE.—An eligible chartering authority
shall approve or deny a petition to establish a public char-
ter school not later than 45 days after the conclusion of the
public hearing on the petition.
(f) EXTENSION.—An eligible chartering authority and
an eligible applicant may agree to extend the 45-day time
period referred to in subsection (e) by a period that shall
not exceed 30 days.
(g) DENIAL EXPLANATION.—If an eligible chartering
authority denies a petition or finds the petition to be in-
complete, the eligible chartering authority shall specify in
writing the reasons for its decision and indicate, when the
eligible chartering authority determines appropriate, how
the eligible applicant who filed the petition may revise the
petition to satisfy the requirements for approval.
(h) APPROVED PETITION.—
834
(1) NOTICE.—Not later than 10 days after an el-
igible chartering authority approves a petition to es-
tablish a public charter school, the eligible chartering
authority shall provide a written notice of the ap-
proval, including a copy of the approved petition and
any conditions or requirements agreed to under sub-
section (d)(2), to the eligible applicant and to the
Chief Financial Officer of the District of Columbia.
The eligible chartering authority shall publish a no-
tice of the approval of the petition in the District of
Columbia Register and newspapers of general circula-
tion.
(2) CHARTER.—The provisions described in
paragraphs (1), (7), (8), (11), (16), (17), and (18) of
section 2202 of a petition to establish a public charter
school that are approved by an eligible chartering au-
thority, together with any amendments to the petition
containing conditions or requirements agreed to by
the eligible applicant under subsection (d)(2), shall be
considered a charter granted to the school by the eligi-
ble chartering authority.
(i) NUMBER OF PETITIONS.—
(1) FIRST
YEAR.—For academic year 1996–
1997, not more than 10 petitions to establish public
charter schools may be approved under this subtitle.
835
(2) SUBSEQUENT
YEARS.—For academic year
1997–1998 and each academic year thereafter each el-
igible chartering authority shall not approve more
than 5 petitions to establish a public charter school
under this subtitle.
(j) EXCLUSIVE AUTHORITY OF THE ELIGIBLE CHAR-
TERING AUTHORITY.—No governmental entity, elected offi-
cial, or employee of the District of Columbia shall make,
participate in making, or intervene in the making of, the
decision to approve or deny a petition to establish a public
charter school, except for officers or employees of the eligible
chartering authority with which the petition is filed.
SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS,
OF PUBLIC CHARTER SCHOOLS.
(a) DUTIES.—A public charter school shall comply
with all of the terms and provisions of its charter.
(b) POWERS.—A public charter school shall have the
following powers:
(1) To adopt a name and corporate seal, but
only if the name selected includes the words ‘‘public
charter school’’.
(2) To acquire real property for use as the public
charter school’s facilities, from public or private
sources.
836
(3) To receive and disburse funds for public
charter school purposes.
(4) Subject to subsection (c)(1), to secure appro-
priate insurance and to make contracts and leases,
including agreements to procure or purchase services,
equipment, and supplies.
(5) To incur debt in reasonable anticipation of
the receipt of funds from the general fund of the Dis-
trict of Columbia or the receipt of Federal or private
funds.
(6) To solicit and accept any grants or gifts for
public charter school purposes, if the public charter
school—
(A) does not accept any grants or gifts sub-
ject to any condition contrary to law or contrary
to its charter; and
(B) maintains for financial reporting pur-
poses separate accounts for grants or gifts.
(7) To be responsible for the public charter
school’s operation, including preparation of a budget
and personnel matters.
(8) To sue and be sued in the public charter
school’s own name.
(c) PROHIBITIONS AND OTHER REQUIREMENTS.—
(1) CONTRACTING AUTHORITY.—
837
(A) NOTICE REQUIREMENT.—Except in the
case of an emergency (as determined by the eligi-
ble chartering authority of a public charter
school), with respect to any contract proposed to
be awarded by the public charter school and hav-
ing a value equal to or exceeding $10,000, the
school shall publish a notice of a request for pro-
posals in the District of Columbia Register and
newspapers of general circulation not less than
30 days prior to the award of the contract.
(B) SUBMISSION TO THE AUTHORITY.—
(i) DEADLINE FOR SUBMISSION.—With
respect to any contract described in sub-
paragraph (A) that is awarded by a public
charter school, the school shall submit to the
Authority, not later than 3 days after the
date on which the award is made, all bids
for the contract received by the school, the
name of the contractor who is awarded the
contract, and the rationale for the award of
the contract.
(ii) EFFECTIVE DATE OF CONTRACT.—
(I) 
IN
GENERAL.—Subject 
to
subclause (II), a contract described in
subparagraph (A) shall become effective
838
on the date that is 15 days after the
date the school makes the submission
under clause (i) with respect to the
contract, or the effective date specified
in the contract, whichever is later.
(II) EXCEPTION.—A contract de-
scribed in subparagraph (A) shall be
considered null and void if the Author-
ity determines, within 12 days of the
date the school makes the submission
under clause (i) with respect to the
contract, that the contract endangers
the economic viability of the public
charter school.
(2) TUITION.—A public charter school may not
charge tuition, fees, or other mandatory payments, ex-
cept to nonresident students, or for field trips or simi-
lar activities.
(3) CONTROL.—A public charter school—
(A) shall exercise exclusive control over its
expenditures, administration, personnel, and in-
structional methods, within the limitations im-
posed in this subtitle; and
(B) shall be exempt from District of Colum-
bia statutes, policies, rules, and regulations es-
839
tablished for the District of Columbia public
schools by the Superintendent, Board of Edu-
cation, Mayor, District of Columbia Council, or
Authority, except as otherwise provided in the
school’s charter or this subtitle.
(4) HEALTH
AND
SAFETY.—A public charter
school shall maintain the health and safety of all stu-
dents attending such school.
(5) CIVIL RIGHTS AND IDEA.—The Age Discrimi-
nation Act of 1975 (42 U.S.C. 6101 et seq.), title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.), title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.), section 504 of the Rehabili-
tation Act of 1973 (29 U.S.C. 794), part B of the In-
dividuals with Disabilities Education Act (20 U.S.C.
1411 et seq.), and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.), shall apply to a
public charter school.
(6) GOVERNANCE.—A public charter school shall
be governed by a Board of Trustees in a manner con-
sistent with the charter granted to the school and the
provisions of this subtitle.
(7) OTHER STAFF.—No employee of the District
of Columbia public schools may be required to accept
840
employment with, or be assigned to, a public charter
school.
(8) OTHER STUDENTS.—No student enrolled in a
District of Columbia public school may be required to
attend a public charter school.
(9) TAXES OR BONDS.—A public charter school
shall not levy taxes or issue bonds.
(10) CHARTER
REVISION.—A public charter
school seeking to revise its charter shall prepare a pe-
tition for approval of the revision and file the petition
with the eligible chartering authority that granted the
charter. The provisions of section 2203 shall apply to
such a petition in the same manner as such provi-
sions apply to a petition to establish a public charter
school.
(11) ANNUAL REPORT.—
(A) IN GENERAL.—A public charter school
shall submit an annual report to the eligible
chartering authority that approved its charter
and to the Consensus Commission. The school
shall permit a member of the public to review
any such report upon request.
(B) CONTENTS.—A report submitted under
subparagraph (A) shall include the following
data:
841
(i) A report on the extent to which the
school is meeting its mission and goals as
stated in the petition for the charter school.
(ii) Student performance on any dis-
trictwide assessments.
(iii) Grade advancement for students
enrolled in the public charter school.
(iv) Graduation rates, college admis-
sion test scores, and college admission rates,
if applicable.
(v) Types and amounts of parental in-
volvement.
(vi) Official student enrollment.
(vii) Average daily attendance.
(viii) Average daily membership.
(ix) A financial statement audited by
an independent certified public accountant
in accordance with Government auditing
standards for financial audits issued by the
Comptroller General of the United States.
(x) A report on school staff indicating
the qualifications and responsibilities of
such staff.
(xi) A list of all donors and grantors
that have contributed monetary or in-kind
842
donations having a value equal to or exceed-
ing $500 during the year that is the subject
of the report.
(C) 
NONIDENTIFYING
DATA.—Data 
de-
scribed in clauses (i) through (ix) of subpara-
graph (B) that are included in an annual report
shall not identify the individuals to whom the
data pertain.
(12) CENSUS.—A public charter school shall pro-
vide to the Board of Education student enrollment
data necessary for the Board of Education to comply
with section 3 of article II of the Act of February 4,
1925 (D.C. Code, sec. 31–404) (relating to census of
minors).
(13) COMPLAINT RESOLUTION PROCESS.—A pub-
lic charter school shall establish an informal com-
plaint resolution process.
(14) PROGRAM OF EDUCATION.—A public char-
ter school shall provide a program of education which
shall include one or more of the following:
(A) Preschool.
(B) Prekindergarten.
(C) Any grade or grades from kindergarten
through grade 12.
(D) Residential education.
843
(E) Adult, community, continuing, and vo-
cational education programs.
(15) NONSECTARIAN NATURE OF SCHOOLS.—A
public charter school shall be nonsectarian and shall
not be affiliated with a sectarian school or religious
institution.
(16) NONPROFIT STATUS OF SCHOOL.—A public
charter school shall be organized under the District of
Columbia Nonprofit Corporation Act (D.C. Code, sec.
29–501 et seq.).
(17) IMMUNITY FROM CIVIL LIABILITY.—
(A) IN GENERAL.—A public charter school,
and its incorporators, Board of Trustees, officers,
employees, and volunteers, shall be immune from
civil liability, both personally and professionally,
for any act or omission within the scope of their
official duties unless the act or omission—
(i) constitutes gross negligence;
(ii) constitutes an intentional tort; or
(iii) is criminal in nature.
(B) COMMON LAW IMMUNITY PRESERVED.—
Subparagraph (A) shall not be construed to abro-
gate any immunity under common law of a per-
son described in such subparagraph.
844
SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC CHARTER
SCHOOL.
(a) BOARD OF TRUSTEES.—The members of a Board
of Trustees of a public charter school shall be elected or se-
lected pursuant to the charter granted to the school. Such
Board of Trustees shall have an odd number of members
that does not exceed 7, of which—
(1) a majority shall be residents of the District
of Columbia; and
(2) at least 2 shall be parents of a student at-
tending the school.
(b) ELIGIBILITY.—An individual is eligible for election
or selection to the Board of Trustees of a public charter
school if the person—
(1) is a teacher or staff member who is employed
at the school;
(2) is a parent of a student attending the school;
or
(3) meets the election or selection criteria set
forth in the charter granted to the school.
(c) ELECTION OR SELECTION OF PARENTS.—In the
case of the first Board of Trustees of a public charter school
to be elected or selected after the date on which the school
is granted a charter, the election or selection of the members
under subsection (a)(2) shall occur on the earliest prac-
ticable date after classes at the school have commenced.
845
Until such date, any other members who have been elected
or selected shall serve as an interim Board of Trustees. Such
an interim Board of Trustees may exercise all of the powers,
and shall be subject to all of the duties, of a Board of Trust-
ees.
(d) FIDUCIARIES.—The Board of Trustees of a public
charter school shall be fiduciaries of the school and shall
set overall policy for the school. The Board of Trustees may
make final decisions on matters related to the operation of
the school, consistent with the charter granted to the school,
this subtitle, and other applicable law.
SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITH-
DRAWAL.
(a) OPEN ENROLLMENT.—Enrollment in a public
charter school shall be open to all students who are residents
of the District of Columbia and, if space is available, to
nonresident students who meet the tuition requirement in
subsection (e).
(b) CRITERIA
FOR ADMISSION.—A public charter
school may not limit enrollment on the basis of a student’s
race, color, religion, national origin, language spoken, intel-
lectual or athletic ability, measures of achievement or apti-
tude, or status as a student with special needs. A public
charter school may limit enrollment to specific grade levels.
846
(c) RANDOM SELECTION.—If there are more applica-
tions to enroll in a public charter school from students who
are residents of the District of Columbia than there are
spaces available, students shall be admitted using a random
selection process.
(d) ADMISSION TO AN EXISTING SCHOOL.—During the
5-year period beginning on the date that a petition, filed
by an eligible applicant seeking to convert a District of Co-
lumbia public school or a private or independent school into
a public charter school, is approved, the school may give
priority in enrollment to—
(1) students enrolled in the school at the time the
petition is granted;
(2) the siblings of students described in para-
graph (1); and
(3) in the case of the conversion of a District of
Columbia public school, students who reside within
the attendance boundaries, if any, in which the school
is located.
(e) NONRESIDENT STUDENTS.—Nonresident students
shall pay tuition to attend a public charter school at the
applicable rate established for District of Columbia public
schools administered by the Board of Education for the type
of program in which the student is enrolled.
847
(f) STUDENT WITHDRAWAL.—A student may with-
draw from a public charter school at any time and, if other-
wise eligible, enroll in a District of Columbia public school
administered by the Board of Education.
(g) EXPULSION AND SUSPENSION.—The principal of
a public charter school may expel or suspend a student from
the school based on criteria set forth in the charter granted
to the school.
SEC. 2207. EMPLOYEES.
(a) EXTENDED LEAVE OF ABSENCE WITHOUT PAY.—
(1) LEAVE OF ABSENCE FROM DISTRICT OF CO-
LUMBIA PUBLIC SCHOOLS.—The Superintendent shall
grant, upon request, an extended leave of absence,
without pay, to an employee of the District of Colum-
bia public schools for the purpose of permitting the
employee to accept a position at a public charter
school for a 2-year term.
(2) REQUEST FOR EXTENSION.—At the end of a
2-year term referred to in paragraph (1), an em-
ployee granted an extended leave of absence without
pay under such paragraph may submit a request to
the Superintendent for an extension of the leave of ab-
sence for an unlimited number of 2-year terms. The
Superintendent may not unreasonably (as determined
848
by the eligible chartering authority) withhold ap-
proval of the request.
(3) RIGHTS UPON TERMINATION OF LEAVE.—An
employee granted an extended leave of absence with-
out pay for the purpose described in paragraph (1)
or (2) shall have the same rights and benefits under
law upon termination of such leave of absence as an
employee of the District of Columbia public schools
who is granted an extended leave of absence without
pay for any other purpose.
(b) RETIREMENT SYSTEM.—
(1) CREDITABLE SERVICE.—An employee of a
public charter school who has received a leave of ab-
sence under subsection (a) shall receive creditable
service, as defined in section 2604 of D.C. Law 2–139,
effective March 3, 1979 (D.C. Code, sec. 1–627.4) and
the rules established under such section, for the period
of the employee’s employment at the public charter
school.
(2) AUTHORITY TO ESTABLISH SEPARATE SYS-
TEM.—A public charter school may establish a retire-
ment system for employees under its authority.
(3) ELECTION
OF
RETIREMENT
SYSTEM.—A
former employee of the District of Columbia public
schools who becomes an employee of a public charter
849
school within 60 days after the date the employee’s
employment with the District of Columbia public
schools is terminated may, at the time the employee
commences employment with the public charter
school, elect—
(A) to remain in a District of Columbia
Government retirement system and continue to
receive creditable service for the period of their
employment at a public charter school; or
(B) to transfer into a retirement system es-
tablished by the public charter school pursuant
to paragraph (2).
(4) PROHIBITED EMPLOYMENT CONDITIONS.—No
public charter school may require a former employee
of the District of Columbia public schools to transfer
to the public charter school’s retirement system as a
condition of employment.
(5) CONTRIBUTIONS.—
(A) EMPLOYEES ELECTING NOT TO TRANS-
FER.—In the case of a former employee of the
District of Columbia public schools who elects to
remain in a District of Columbia Government
retirement system pursuant to paragraph (3)(A),
the public charter school that employs the person
shall make the same contribution to such system
850
on behalf of the person as the District of Colum-
bia would have been required to make if the per-
son had continued to be an employee of the Dis-
trict of Columbia public schools.
(B) EMPLOYEES ELECTING TO TRANSFER.—
In the case of a former employee of the District
of Columbia public schools who elects to transfer
into a retirement system of a public charter
school pursuant to paragraph (3)(B), the appli-
cable District of Columbia Government retire-
ment system from which the former employee is
transferring shall compute the employee’s con-
tribution to that system and transfer this
amount, to the retirement system of the public
charter school.
(c) EMPLOYMENT
STATUS.—Notwithstanding any
other provision of law and except as provided in this sec-
tion, an employee of a public charter school shall not be
considered to be an employee of the District of Columbia
Government for any purpose.
SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPORTATION.
A student attending a public charter school shall be
eligible for reduced fares on the Metrobus and Metrorail
Transit System on the same terms and conditions as are
applicable under section 2 of D.C. Law 2–152, effective
851
March 9, 1979 (D.C. Code, sec. 44–216 et seq.), to a student
attending a District of Columbia public school.
SEC. 2209. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERV-
ICES TO PUBLIC CHARTER SCHOOLS.
The Superintendent may provide services, such as fa-
cilities maintenance, to public charter schools. All com-
pensation for costs of such services shall be subject to nego-
tiation and mutual agreement between a public charter
school and the Superintendent.
SEC. 2210. APPLICATION OF LAW.
(a) ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.—
(1) TREATMENT AS LOCAL EDUCATIONAL AGEN-
CY.—
(A) IN GENERAL.—For any fiscal year, a
public charter school shall be considered to be a
local educational agency for purposes of part A
of title I of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311 et seq.), and
shall be eligible for assistance under such part,
if the fraction the numerator of which is the
number of low-income students enrolled in the
public charter school during the fiscal year pre-
ceding the fiscal year for which the determina-
tion is made and the denominator of which is
852
the total number of students enrolled in such
public charter school for such preceding year, is
equal to or greater than the lowest fraction deter-
mined for any District of Columbia public school
receiving assistance under such part A where the
numerator is the number of low-income students
enrolled in such public school for such preceding
year and the denominator is the total number of
students enrolled in such public school for such
preceding year.
(B) DEFINITION.—For the purposes of this
subsection, the term ‘‘low-income student’’ means
a student from a low-income family determined
according to the measure adopted by the District
of Columbia to carry out the provisions of part
A of title I of the Elementary and Secondary
Education Act of 1965 that is consistent with the
measures described in section 1113(a)(5) of such
Act (20 U.S.C. 6313(a)(5)) for the fiscal year for
which the determination is made.
(2) 
ALLOCATION
FOR
FISCAL
YEARS
1996
THROUGH 1998.—
(A) PUBLIC CHARTER SCHOOLS.—For fiscal
years 1996 through 1998, each public charter
school that is eligible to receive assistance under
853
part A of title I of the Elementary and Second-
ary Education Act of 1965 shall receive a por-
tion of the District of Columbia’s total allocation
under such part which bears the same ratio to
such total allocation as the number described in
subparagraph (C) bears to the number described
in subparagraph (D).
(B) 
DISTRICT
OF
COLUMBIA
PUBLIC
SCHOOLS.—For fiscal years 1996 through 1998,
the District of Columbia public schools shall re-
ceive a portion of the District of Columbia’s total
allocation under part A of title I of the Elemen-
tary and Secondary Education Act of 1965
which bears the same ratio to such total alloca-
tion as the total of the numbers described in
clauses (ii) and (iii) of subparagraph (D) bears
to the aggregate total described in subparagraph
(D).
(C) NUMBER OF ELIGIBLE STUDENTS EN-
ROLLED IN THE PUBLIC CHARTER SCHOOL.—The
number described in this subparagraph is the
number of low-income students enrolled in the
public charter school during the fiscal year pre-
ceding the fiscal year for which the determina-
tion is made.
854
(D) AGGREGATE NUMBER OF ELIGIBLE STU-
DENTS.—The number described in this subpara-
graph is the aggregate total of the following
numbers:
(i) The number of low-income students
who, during the fiscal year preceding the
fiscal year for which the determination is
made, were enrolled in a public charter
school.
(ii) The number of low-income students
who, during the fiscal year preceding the
fiscal year for which the determination is
made, were enrolled in a District of Colum-
bia public school selected to provide services
under part A of title I of the Elementary
and Secondary Education Act of 1965.
(iii) The number of low-income stu-
dents who, during the fiscal year preceding
the fiscal year for which the determination
is made—
(I) were enrolled in a private or
independent school; and
(II) resided in an attendance area
of a District of Columbia public school
selected to provide services under part
855
A of title I of the Elementary and Sec-
ondary Education Act of 1965.
(3) ALLOCATION
FOR
FISCAL
YEAR
1999
AND
THEREAFTER.—
(A) CALCULATION
BY
SECRETARY.—Not-
withstanding sections 1124(a)(2), 1124A(a)(4),
and 1125(d) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6333(a)(2),
6334(a)(4), and 6335(d)), for fiscal year 1999
and each fiscal year thereafter, the total alloca-
tion under part A of title I of such Act for all
local educational agencies in the District of Co-
lumbia, including public charter schools that are
eligible to receive assistance under such part,
shall be calculated by the Secretary of Edu-
cation. In making such calculation, such Sec-
retary shall treat all such local educational agen-
cies as if such agencies were a single local edu-
cational agency for the District of Columbia.
(B) ALLOCATION.—
(i) PUBLIC CHARTER SCHOOLS.—For
fiscal year 1999 and each fiscal year there-
after, each public charter school that is eli-
gible to receive assistance under part A of
title I of the Elementary and Secondary
856
Education Act of 1965 shall receive a por-
tion of the total allocation calculated under
subparagraph (A) which bears the same
ratio to such total allocation as the number
described in paragraph (2)(C) bears to the
aggregate total described in paragraph
(2)(D).
(ii) DISTRICT
OF
COLUMBIA
PUBLIC
SCHOOL.—For fiscal year 1999 and each
fiscal year thereafter, the District of Colum-
bia public schools shall receive a portion of
the total allocation calculated under sub-
paragraph (A) which bears the same ratio
to such total allocation as the total of the
numbers described in clauses (ii) and (iii)
of paragraph (2)(D) bears to the aggregate
total described in paragraph (2)(D).
(4) USE OF ESEA FUNDS.—The Board of Edu-
cation may not direct a public charter school in the
school’s use of funds under part A of title I of the Ele-
mentary and Secondary Education Act of 1965.
(5) ESEA REQUIREMENTS.—Except as provided
in paragraph (6), a public charter school receiving
funds under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
857
seq.) shall comply with all requirements applicable to
schools receiving such funds.
(6) INAPPLICABILITY OF CERTAIN ESEA PROVI-
SIONS.—The following provisions of the Elementary
and Secondary Education Act of 1965 shall not apply
to a public charter school:
(A) Paragraphs (5) and (8) of section
1112(b) (20 U.S.C. 6312(b)).
(B) Paragraphs (1)(A), (1)(B), (1)(C),
(1)(D), (1)(F), (1)(H), and (3) of section 1112(c)
(20 U.S.C. 6312(c)).
(C) Section 1113 (20 U.S.C. 6313).
(D) Section 1115A (20 U.S.C. 6316).
(E) Subsections (a), (b), and (c) of section
1116 (20 U.S.C. 6317).
(F) Subsections (d) and (e) of section 1118
(20 U.S.C. 6319).
(G) Section 1120 (20 U.S.C. 6321).
(H) Subsections (a) and (c) of section
1120A (20 U.S.C. 6322).
(I) Section 1126 (20 U.S.C. 6337).
(b) PROPERTY AND SALES TAXES.—A public charter
school shall be exempt from District of Columbia property
and sales taxes.
858
(c) EDUCATION OF CHILDREN WITH DISABILITIES.—
Notwithstanding any other provision of this title, each pub-
lic charter school shall elect to be treated as a local edu-
cational agency or a District of Columbia public school for
the purpose of part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.) and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794).
SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING
AUTHORITIES.
(a) OVERSIGHT.—
(1) IN GENERAL.—An eligible chartering author-
ity—
(A) shall monitor the operations of each
public charter school to which the eligible char-
tering authority has granted a charter;
(B) shall ensure that each such school com-
plies with applicable laws and the provisions of
the charter granted to such school; and
(C) shall monitor the progress of each such
school in meeting student academic achievement
expectations specified in the charter granted to
such school.
(2) PRODUCTION OF BOOKS AND RECORDS.—An
eligible chartering authority may require a public
charter school to which the eligible chartering author-
859
ity has granted a charter to produce any book, record,
paper, or document, if the eligible chartering author-
ity determines that such production is necessary for
the eligible chartering authority to carry out its func-
tions under this subtitle.
(b) FEES.—
(1) APPLICATION
FEE.—An eligible chartering
authority may charge an eligible applicant a fee, not
to exceed $150, for processing a petition to establish
a public charter school.
(2) ADMINISTRATION FEE.—In the case of an eli-
gible chartering authority that has granted a charter
to a public charter school, the eligible chartering au-
thority may charge the school a fee, not to exceed one-
half of one percent of the annual budget of the school,
to cover the cost of undertaking the ongoing adminis-
trative responsibilities of the eligible chartering au-
thority with respect to the school that are described in
this subtitle. The school shall pay the fee to the eligi-
ble chartering authority not later than November 15
of each year.
(c) IMMUNITY FROM CIVIL LIABILITY.—
(1) IN GENERAL.—An eligible chartering author-
ity, the Board of Trustees of such an eligible charter-
ing authority, and a director, officer, employee, or
860
volunteer of such an eligible chartering authority,
shall be immune from civil liability, both personally
and professionally, for any act or omission within the
scope of their official duties unless the act or omis-
sion—
(A) constitutes gross negligence;
(B) constitutes an intentional tort; or
(C) is criminal in nature.
(2) COMMON LAW IMMUNITY PRESERVED.—Para-
graph (1) shall not be construed to abrogate any im-
munity under common law of a person described in
such paragraph.
(d) ANNUAL REPORT.—On or before July 30 of each
year, each eligible chartering authority that issues a charter
under this subtitle shall submit a report to the Mayor, the
District of Columbia Council, the Board of Education, the
Secretary of Education, the appropriate congressional com-
mittees, and the Consensus Commission that includes the
following information:
(1) A list of the members of the eligible charter-
ing authority and the addresses of such members.
(2) A list of the dates and places of each meeting
of the eligible chartering authority during the year
preceding the report.
861
(3) The number of petitions received by the eligi-
ble chartering authority for the conversion of a Dis-
trict of Columbia public school or a private or inde-
pendent school to a public charter school, and for the
creation of a new school as a public charter school.
(4) The number of petitions described in para-
graph (3) that were approved and the number that
were denied, as well as a summary of the reasons for
which such petitions were denied.
(5) A description of any new charters issued by
the eligible chartering authority during the year pre-
ceding the report.
(6) A description of any charters renewed by the
eligible chartering authority during the year preced-
ing the report.
(7) A description of any charters revoked by the
eligible chartering authority during the year preced-
ing the report.
(8) A description of any charters refused renewal
by the eligible chartering authority during the year
preceding the report.
(9) Any recommendations the eligible chartering
authority has concerning ways to improve the admin-
istration of public charter schools.
862
SEC. 2212. CHARTER RENEWAL.
(a) TERM.—A charter granted to a public charter
school shall remain in force for a 5-year period, but may
be renewed for an unlimited number of times, each time
for a 5-year period.
(b) APPLICATION FOR CHARTER RENEWAL.—In the
case of a public charter school that desires to renew its char-
ter, the Board of Trustees of the school shall file an applica-
tion to renew the charter with the eligible chartering au-
thority that granted the charter not later than 120 days
nor earlier than 365 days before the expiration of the char-
ter. The application shall contain the following:
(1) A report on the progress of the public charter
school in achieving the goals, student academic
achievement expectations, and other terms of the ap-
proved charter.
(2) All audited financial statements for the pub-
lic charter school for the preceding 4 years.
(c) APPROVAL
OF
CHARTER
RENEWAL
APPLICA-
TION.—The eligible chartering authority that granted a
charter shall approve an application to renew the charter
that is filed in accordance with subsection (b), except that
the eligible chartering authority shall not approve such ap-
plication if the eligible chartering authority determines
that—
863
(1) the school committed a material violation of
applicable laws or a material violation of the condi-
tions, terms, standards, or procedures set forth in its
charter, including violations relating to the education
of children with disabilities; or
(2) the school failed to meet the goals and stu-
dent academic achievement expectations set forth in
its charter.
(d) PROCEDURES FOR CONSIDERATION OF CHARTER
RENEWAL.—
(1) NOTICE OF RIGHT TO HEARING.—An eligible
chartering authority that has received an application
to renew a charter that is filed by a Board of Trustees
in accordance with subsection (b) shall provide to the
Board of Trustees written notice of the right to an in-
formal hearing on the application. The eligible char-
tering authority shall provide the notice not later
than 15 days after the date on which the eligible char-
tering authority received the application.
(2) REQUEST FOR HEARING.—Not later than 15
days after the date on which a Board of Trustees re-
ceives a notice under paragraph (1), the Board of
Trustees may request, in writing, an informal hear-
ing on the application before the eligible chartering
authority.
864
(3) DATE AND TIME OF HEARING.—
(A) NOTICE.—Upon receiving a timely
written request for a hearing under paragraph
(2), an eligible chartering authority shall set a
date and time for the hearing and shall provide
reasonable notice of the date and time, as well as
the procedures to be followed at the hearing, to
the Board of Trustees.
(B) 
DEADLINE.—An 
informal 
hearing
under this subsection shall take place not later
than 30 days after an eligible chartering author-
ity receives a timely written request for the hear-
ing under paragraph (2).
(4) FINAL DECISION.—
(A) DEADLINE.—An eligible chartering au-
thority shall render a final decision, in writing,
on an application to renew a charter—
(i) not later than 30 days after the
date on which the eligible chartering au-
thority provided the written notice of the
right to a hearing, in the case of an appli-
cation with respect to which such a hearing
is not held; and
(ii) not later than 30 days after the
date on which the hearing is concluded, in
865
the case of an application with respect to
which a hearing is held.
(B) REASONS FOR NONRENEWAL.—An eligi-
ble chartering authority that denies an applica-
tion to renew a charter shall state in its decision
the reasons for denial.
(5) ALTERNATIVES UPON NONRENEWAL.—If an
eligible chartering authority denies an application to
renew a charter granted to a public charter school, the
Board of Education may—
(A) manage the school directly until alter-
native arrangements can be made for students at
the school; or
(B) place the school in a probationary sta-
tus that requires the school to take remedial ac-
tions, to be determined by the Board of Edu-
cation, that directly relate to the grounds for the
denial.
(6) JUDICIAL REVIEW.—
(A) AVAILABILITY OF REVIEW.—A decision
by an eligible chartering authority to deny an
application to renew a charter shall be subject to
judicial review by an appropriate court of the
District of Columbia.
866
(B) STANDARD OF REVIEW.—A decision by
an eligible chartering authority to deny an ap-
plication to renew a charter shall be upheld un-
less the decision is arbitrary and capricious or
clearly erroneous.
SEC. 2213. CHARTER REVOCATION.
(a) CHARTER OR LAW VIOLATIONS.—An eligible char-
tering authority that has granted a charter to a public
charter school may revoke the charter if the eligible charter-
ing authority determines that the school has committed a
violation of applicable laws or a material violation of the
conditions, terms, standards, or procedures set forth in the
charter, including violations relating to the education of
children with disabilities.
(b) FISCAL MISMANAGEMENT.—An eligible chartering
authority that has granted a charter to a public charter
school shall revoke the charter if the eligible chartering au-
thority determines that the school—
(1) has engaged in a pattern of nonadherence to
generally accepted accounting principles;
(2) has engaged in a pattern of fiscal mis-
management; or
(3) is no longer economically viable.
(c) PROCEDURES FOR CONSIDERATION OF REVOCA-
TION.—
867
(1) NOTICE OF RIGHT TO HEARING.—An eligible
chartering authority that is proposing to revoke a
charter granted to a public charter school shall pro-
vide to the Board of Trustees of the school a written
notice stating the reasons for the proposed revocation.
The notice shall inform the Board of Trustees of the
right of the Board of Trustees to an informal hearing
on the proposed revocation.
(2) REQUEST FOR HEARING.—Not later than 15
days after the date on which a Board of Trustees re-
ceives a notice under paragraph (1), the Board of
Trustees may request, in writing, an informal hear-
ing on the proposed revocation before the eligible char-
tering authority.
(3) DATE AND TIME OF HEARING.—
(A) NOTICE.—Upon receiving a timely
written request for a hearing under paragraph
(2), an eligible chartering authority shall set a
date and time for the hearing and shall provide
reasonable notice of the date and time, as well as
the procedures to be followed at the hearing, to
the Board of Trustees.
(B) 
DEADLINE.—An 
informal 
hearing
under this subsection shall take place not later
than 30 days after an eligible chartering author-
868
ity receives a timely written request for the hear-
ing under paragraph (2).
(4) FINAL DECISION.—
(A) DEADLINE.—An eligible chartering au-
thority shall render a final decision, in writing,
on the revocation of a charter—
(i) not later than 30 days after the
date on which the eligible chartering au-
thority provided the written notice of the
right to a hearing, in the case of a proposed
revocation with respect to which such a
hearing is not held; and
(ii) not later than 30 days after the
date on which the hearing is concluded, in
the case of a proposed revocation with re-
spect to which a hearing is held.
(B) REASONS FOR REVOCATION.—An eligi-
ble chartering authority that revokes a charter
shall state in its decision the reasons for the rev-
ocation.
(5) ALTERNATIVES UPON REVOCATION.—If an el-
igible chartering authority revokes a charter granted
to a public charter school, the Board of Education
may manage the school directly until alternative ar-
rangements can be made for students at the school.
869
(6) JUDICIAL REVIEW.—
(A) AVAILABILITY OF REVIEW.—A decision
by an eligible chartering authority to revoke a
charter shall be subject to judicial review by an
appropriate court of the District of Columbia.
(B) STANDARD OF REVIEW.—A decision by
an eligible chartering authority to revoke a char-
ter shall be upheld unless the decision is arbi-
trary and capricious or clearly erroneous.
SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.
(a) ESTABLISHMENT.—
(1) IN
GENERAL.—There is established within
the District of Columbia Government a Public Char-
ter School Board (in this section referred to as the
‘‘Board’’).
(2) MEMBERSHIP.—The Secretary of Education
shall present the Mayor a list of 15 individuals the
Secretary determines are qualified to serve on the
Board. The Mayor, in consultation with the District
of Columbia City Council, shall appoint 7 individ-
uals from the list to serve on the Board. The Sec-
retary of Education shall recommend, and the Mayor
shall appoint, members to serve on the Board so that
a knowledge of each of the following areas is rep-
resented on the Board:
870
(A) Research about and experience in stu-
dent learning, quality teaching, and evaluation
of and accountability in successful schools.
(B) The operation of a financially sound
enterprise, including leadership and manage-
ment techniques, as well as the budgeting and
accounting skills critical to the startup of a suc-
cessful enterprise.
(C) The educational, social, and economic
development needs of the District of Columbia.
(D) The needs and interests of students and
parents in the District of Columbia, as well as
methods of involving parents and other members
of the community in individual schools.
(3) VACANCIES.—Any time there is a vacancy in
the membership of the Board, the Secretary of Edu-
cation shall present the Mayor a list of 3 individuals
the Secretary determines are qualified to serve on the
Board. The Mayor, in consultation with the District
of Columbia Council, shall appoint 1 individual from
the list to serve on the Board. The Secretary shall rec-
ommend and the Mayor shall appoint, such member
of the Board taking into consideration the criteria de-
scribed in paragraph (2). Any member appointed to
fill a vacancy occurring prior to the expiration of the
871
term of a predecessor shall be appointed only for the
remainder of the term.
(4) TIME LIMIT FOR APPOINTMENTS.—If, at any
time, the Mayor does not appoint members to the
Board sufficient to bring the Board’s membership to
7 within 30 days of receiving a recommendation from
the Secretary of Education under paragraph (2) or
(3), the Secretary shall make such appointments as
are necessary to bring the membership of the Board
to 7.
(5) TERMS OF MEMBERS.—
(A) IN GENERAL.—Members of the Board
shall serve for terms of 4 years, except that, of
the initial appointments made under paragraph
(2), the Mayor shall designate—
(i) 2 members to serve terms of 3 years;
(ii) 2 members to serve terms of 2
years; and
(iii) 1 member to serve a term of 1
year.
(B) 
REAPPOINTMENT.—Members 
of 
the
Board shall be eligible to be reappointed for one
4-year term beyond their initial term of appoint-
ment.
872
(6) INDEPENDENCE.—No person employed by the
District of Columbia public schools or a public char-
ter school shall be eligible to be a member of the
Board or to be employed by the Board.
(b) OPERATIONS OF THE BOARD.—
(1) CHAIR.—The members of the Board shall
elect from among their membership 1 individual to
serve as Chair. Such election shall be held each year
after members of the Board have been appointed to
fill any vacancies caused by the regular expiration of
previous members’ terms, or when requested by a ma-
jority vote of the members of the Board.
(2) QUORUM.—A majority of the members of the
Board, not including any positions that may be va-
cant, shall constitute a quorum sufficient for conduct-
ing the business of the Board.
(3) MEETINGS.—The Board shall meet at the call
of the Chair, subject to the hearing requirements of
sections 2203, 2212(d)(3), and 2213(c)(3).
(c) NO COMPENSATION FOR SERVICE.—Members of the
Board shall serve without pay, but may receive reimburse-
ment for any reasonable and necessary expenses incurred
by reason of service on the Board.
(d) PERSONNEL AND RESOURCES.—
873
(1) IN GENERAL.—Subject to such rules as may
be made by the Board, the Chair shall have the power
to appoint, terminate, and fix the pay of an Execu-
tive Director and such other personnel of the Board
as the Chair considers necessary, but no individual so
appointed shall be paid in excess of the rate payable
for level EG–16 of the Educational Service of the Dis-
trict of Columbia.
(2) SPECIAL RULE.—The Board is authorized to
use the services, personnel, and facilities of the Dis-
trict of Columbia.
(e) EXPENSES OF BOARD.—Any expenses of the Board
shall be paid from such funds as may be available to the
Mayor.
(f) AUDIT.—The Board shall provide for an audit of
the financial statements of the Board by an independent
certified public accountant in accordance with Government
auditing standards for financial audits issued by the Comp-
troller General of the United States.
(g) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out the provisions of this section and
conducting the Board’s functions required by this subtitle,
there are authorized to be appropriated $300,000 for fiscal
year 1996 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
874
SEC. 2215. FEDERAL ENTITIES.
(a) IN GENERAL.—The following Federal agencies and
federally established entities are encouraged to explore
whether it is feasible for the agency or entity to establish
one or more public charter schools:
(1) The Library of Congress.
(2) The National Aeronautics and Space Admin-
istration.
(3) The Drug Enforcement Administration.
(4) The National Science Foundation.
(5) The Department of Justice.
(6) The Department of Defense.
(7) The Department of Education.
(8) The Smithsonian Institution, including the
National Zoological Park, the National Museum of
American History, the John F. Kennedy Center for
the Performing Arts, and the National Gallery of Art.
(b) REPORT.—Not later than 120 days after date of
enactment of this Act, any agency or institution described
in subsection (a) that has explored the feasibility of estab-
lishing a public charter school shall report its determina-
tion on the feasibility to the appropriate committees of the
Congress.
875
Subtitle C—Even Start
SEC. 2301. AMENDMENTS FOR EVEN START PROGRAMS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section
1002 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6302) is amended by striking subsection
(b) and inserting the following:
‘‘(b) EVEN START.—
‘‘(1) IN GENERAL.—For the purpose of carrying
out part B, there are authorized to be appropriated
$118,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal
years.
‘‘(2) DISTRICT OF COLUMBIA.—For the purpose
of carrying out Even Start programs in the District
of Columbia described in section 1211, there are au-
thorized to be appropriated—
‘‘(A) $2,000,000 for fiscal year 1996;
‘‘(B) $3,500,000 for fiscal year 1997;
‘‘(C) $5,000,000 for fiscal year 1998;
‘‘(D) $5,000,000 for fiscal year 1999; and
‘‘(E) $5,000,000 for fiscal year 2000.’’.
(b) EVEN START FAMILY LITERACY PROGRAMS.—Part
B of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6361 et seq.) is amended—
876
(1) in section 1202(a)(1) (20 U.S.C. 6362(a)(1)),
by inserting ‘‘(1)’’ after ‘‘1002(b)’’;
(2) in section 1202(b) (20 U.S.C. 6362(b)), by
inserting ‘‘(1)’’ after ‘‘1002(b)’’;
(3) in section 1202(d)(3) (20 U.S.C. 6362(d)(3)),
by inserting ‘‘(1)’’ after ‘‘1002(b)’’;
(4) in section 1204(a) (20 U.S.C. 6364(a)), by
inserting ‘‘intensive’’ after ‘‘cost of providing’’;
(5) in section 1205(4) (20 U.S.C. 6365(4)), by
inserting ‘‘, intensive’’ after ‘‘high-quality’’; and
(6) by adding at the end the following new sec-
tion:
‘‘SEC. 1211. DISTRICT OF COLUMBIA EVEN START INITIA-
TIVES.
‘‘(a) DISTRICT
OF COLUMBIA PROGRAM AUTHOR-
IZED.—
‘‘(1) IN GENERAL.—In addition to any grant for
the District of Columbia authorized under section
1202, the Secretary shall provide grants, on a com-
petitive basis, to eligible entities to enable such enti-
ties to carry out Even Start programs in the District
of Columbia that build on the findings of the National
Evaluation of the Even Start Family Literacy Pro-
gram, such as providing intensive services in early
877
childhood education, parent training, and adult lit-
eracy or adult education.
‘‘(2) NUMBER OF GRANTS.—The Secretary shall
award—
‘‘(A) not more than 8 grants under this sec-
tion for fiscal year 1996;
‘‘(B) not more than 14 grants under this
section for fiscal year 1997;
‘‘(C) not more than 20 grants under this
section for each of the fiscal years 1998 and
1999; and
‘‘(D) not more than 20 grants under this
section, or such number as the Secretary deter-
mines appropriate taking into account the re-
sults of evaluations described in subsection (i),
for fiscal year 2000.
‘‘(b) DEFINITION.—For the purpose of this section, the
term ‘eligible entity’ means a partnership composed of at
least—
‘‘(1) a District of Columbia public school;
‘‘(2) the local educational agency in existence on
September 1, 1995 for the District of Columbia, any
other public organization, or an institution of higher
education (as defined in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a))); and
878
‘‘(3) a private nonprofit community-based orga-
nization.
‘‘(c) USES OF FUNDS; FEDERAL SHARE.—
‘‘(1) COMPLIANCE.—Each eligible entity that re-
ceives funds under this section shall comply with sec-
tion 1204(a) and 1204(b)(3), relating to the use of
such funds.
‘‘(2) FEDERAL SHARE.—Each program funded
under this section is subject to the Federal share re-
quirement of section 1204(b)(1), except that the Sec-
retary may waive that requirement, in whole or in
part, for any eligible entity that demonstrates to the
Secretary’s satisfaction that such entity otherwise
would not be able to participate in the program
under this section.
‘‘(3) MINIMUM.—Except as provided in para-
graph (4), each eligible entity selected to receive a
grant under this section shall receive not more than
$250,000 in any fiscal year, except that the Secretary
may increase such amount if the Secretary determines
that—
‘‘(A) such entity needs additional funds to
be effective; and
879
‘‘(B) the increase will not reduce the
amount of funds available to other eligible enti-
ties that receive funds under this section.
‘‘(4) REMAINING FUNDS.—If funds remain after
payments are made under paragraph (3) for any fis-
cal year, the Secretary shall make such remaining
funds available to each eligible entity receiving a
grant under this section for such year in an amount
that bears the same relation to such funds as the
amount each such entity received under this section
bears to the amount all such entities received under
this section.
‘‘(d) PROGRAM ELEMENTS.—Each program assisted
under this section shall comply with the program elements
described in section 1205, including intensive high quality
instruction programs of early childhood education, parent
training, and adult literacy or adult education.
‘‘(e) ELIGIBLE PARTICIPANTS.—
‘‘(1) IN GENERAL.—Individuals eligible to par-
ticipate in a program under this section are—
‘‘(A) the parent or parents of a child de-
scribed in subparagraph (B), or any other adult
who is substantially involved in the day-to-day
care of the child, if such parent or adult—
880
‘‘(i) is eligible to participate in an
adult education program under the Adult
Education Act; or
‘‘(ii) is attending, or is eligible by age
to attend, a District of Columbia public
school; and
‘‘(B) any child, from birth through age 7, of
an individual described in subparagraph (A).
‘‘(2) ELIGIBILITY
REQUIREMENTS.—The eligi-
bility factors described in section 1206(b) shall apply
to programs under this section, except that for pur-
poses of this section—
‘‘(A) the reference in paragraph (1) to sub-
section (a) shall be read to refer to paragraph
(1); and
‘‘(B) references in such section to this part
shall be read to refer to this section.
‘‘(f) APPLICATIONS.—Each eligible entity that wishes
to receive a grant under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
‘‘(g) SELECTION OF GRANTEES.—In awarding grants
under this section, the Secretary shall—
881
‘‘(1) use the selection criteria described in sub-
paragraphs (A) through (F), and (H), of section
1208(a)(1); and
‘‘(2) give priority to applications for programs
that—
‘‘(A) target services to schools in which a
schoolwide program is being conducted under
section 1114; or
‘‘(B) are located in areas designated as
empowerment zones or enterprise communities.
‘‘(h) DURATION
OF PROGRAMS.—The priority for
subgrants described in section 1208(a)(2), and the progress
requirement described in section 1208(b)(4), shall apply to
grants made under this section, except that—
‘‘(1) references in those sections to the State edu-
cational agency and to subgrants shall be read to
refer to the Secretary and to grants under this sec-
tion, respectively; and
‘‘(2) notwithstanding section 1208(b), the Sec-
retary shall not provide continuation funding to a
grant recipient under this section if the Secretary de-
termines, after affording the recipient notice and an
opportunity for a hearing, that the recipient has not
made substantial progress in accomplishing the objec-
tives of this section.
882
‘‘(i) TECHNICAL ASSISTANCE AND EVALUATION.—
‘‘(1) TECHNICAL
ASSISTANCE.—(A) The Sec-
retary shall use not more than 5 percent of the
amounts authorized under section 1002(b)(2) for any
fiscal year—
‘‘(i) to provide technical assistance to eligi-
ble entities, including providing funds to one or
more District of Columbia nonprofit organiza-
tions to enable such organizations to provide
technical assistance to eligible entities in the
areas of community development and coalition
building; and
‘‘(ii) for the evaluation conducted pursuant
to paragraph (2).
‘‘(B) The Secretary shall allocate 5 percent of the
amounts authorized under section 1002(b)(2) for any
fiscal year to enter into a contract with the National
Center for Family Literacy for the provision of tech-
nical assistance to eligible entities.
‘‘(2) EVALUATION.—(A) The Secretary shall use
funds available under paragraph (1)(A)—
‘‘(i) to provide for independent evaluations
of programs under this section in order to deter-
mine the effectiveness of such programs in pro-
883
viding high quality family literacy services, in-
cluding—
‘‘(I) intensive and high quality early
childhood education;
‘‘(II) intensive and high quality serv-
ices in adult literacy or adult education;
‘‘(III) intensive and high quality serv-
ices in parent training;
‘‘(IV) coordination with related pro-
grams; and
‘‘(V) training of related personnel in
appropriate skill areas; and
‘‘(ii) to determine if the grant amount pro-
vided to eligible recipients to carry out such
projects is appropriate to accomplish the objec-
tives of this section.
‘‘(B)(i) Such evaluation shall be conducted by
individuals not directly involved in the administra-
tion of a program operated with funds provided
under this section. Such independent evaluators and
the program administrators shall jointly develop eval-
uation criteria which provide for appropriate analy-
sis of the factors listed in subparagraph (A).
‘‘(ii) In order to determine a program’s effective-
ness, each evaluation shall contain objective measures
884
of such effectiveness, and whenever feasible, shall con-
tain the specific views of program participants about
such programs.
‘‘(C) The Secretary shall prepare and submit to
the appropriate congressional committees a report re-
garding the results of such evaluations not later than
March 1, 1999. The Secretary shall provide an in-
terim report regarding the results of such evaluations
by March 1, 1998.’’.
Subtitle D—World Class Schools Task Force,
Core Curriculum, Content Standards, As-
sessments, and Promotion Gates
PART 1—WORLD CLASS SCHOOLS TASK FORCE,
CORE CURRICULUM, CONTENT STANDARDS,
AND ASSESSMENTS
SEC. 2411. GRANT AUTHORIZED AND RECOMMENDATION
REQUIRED.
(a) GRANT AUTHORIZED.—
(1) IN GENERAL.—The Superintendent is author-
ized to award a grant to a World Class Schools Task
Force to enable such task force to make the rec-
ommendation described in subsection (b).
(2) DEFINITION.—For the purpose of this sub-
title, the term ‘‘World Class Schools Task Force’’
885
means 1 nonprofit organization located in the Dis-
trict of Columbia that—
(A) has a national reputation for advocat-
ing content standards;
(B) has a national reputation for advocat-
ing a strong liberal arts curriculum;
(C) has experience with at least 4 urban
school districts for the purpose of establishing
content standards;
(D) has developed and managed profes-
sional development programs in science, mathe-
matics, the humanities and the arts; and
(E) is governed by an independent board of
directors composed of citizens with a variety of
experiences in education and public policy.
(b) RECOMMENDATION REQUIRED.—
(1) IN GENERAL.—The World Class Schools Task
Force shall recommend to the Superintendent, the
Board of Education, and the District of Columbia
Goals Panel the following:
(A) Content standards in the core academic
subjects that are developed by working with the
District of Columbia community, which stand-
ards shall be developed not later than 12 months
after the date of enactment of this Act.
886
(B) A core curriculum developed by working
with the District of Columbia community, which
curriculum shall include the teaching of com-
puter skills.
(C) Districtwide assessments for measuring
student achievement in accordance with content
standards developed under subparagraph (A).
Such assessments shall be developed at several
grade levels, including at a minimum, the grade
levels with respect to which the Superintendent
establishes promotion gates under section 2421.
To the extent feasible, such assessments shall, at
a minimum, be designed to provide information
that permits comparisons between—
(i) individual District of Columbia
public schools and public charter schools;
and
(ii) individual students attending such
schools.
(D) Model professional development pro-
grams for teachers using the standards and cur-
riculum developed under subparagraphs (A) and
(B).
(2) SPECIAL RULE.—The World Class Schools
Task Force is encouraged, to the extent practicable, to
887
develop districtwide assessments described in para-
graph (1)(C) that permit comparisons among—
(A) individual District of Columbia public
schools and public charter schools, and individ-
ual students attending such schools; and
(B) students of other nations.
(c) CONTENT.—The content standards and assessments
recommended under subsection (b) shall be judged by the
World Class Schools Task Force to be world class, including
having a level of quality and rigor, or being analogous to
content standards and assessments of other States or na-
tions (including nations whose students historically score
high on international studies of student achievement).
(d) SUBMISSION TO BOARD OF EDUCATION FOR ADOP-
TION.—If the content standards, curriculum, assessments,
and programs recommended under subsection (b) are ap-
proved by the Superintendent, the Superintendent may sub-
mit such content standards, curriculum, assessments, and
programs to the Board of Education for adoption.
SEC. 2412. CONSULTATION.
The World Class Schools Task Force shall conduct its
duties under this part in consultation with—
(1) the District of Columbia Goals Panel;
(2) officials of the District of Columbia public
schools who have been identified by the Superintend-
888
ent as having responsibilities relevant to this part, in-
cluding the Deputy Superintendent for Curriculum;
(3) the District of Columbia community, with
particular attention given to educators, and parent
and business organizations; and
(4) any other persons or groups that the task
force deems appropriate.
SEC. 2413. ADMINISTRATIVE PROVISIONS.
The World Class Schools Task Force shall ensure pub-
lic access to its proceedings (other than proceedings, or por-
tions of proceedings, relating to internal personnel and
management matters) that are relevant to its duties under
this part and shall make available to the public, at reason-
able cost, transcripts of such proceedings.
SEC. 2414. CONSULTANTS.
Upon the request of the World Class Schools Task
Force, the head of any department or agency of the Federal
Government may detail any of the personnel of such agency
to such task force to assist such task force in carrying out
such task force’s duties under this part.
SEC. 2415. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 for
fiscal year 1996 to carry out this part. Such funds shall
remain available until expended.
889
PART 2—PROMOTION GATES
SEC. 2421. PROMOTION GATES.
(a) KINDERGARTEN THROUGH 4TH GRADE.—Not later
than one year after the date of adoption in accordance with
section 2411(d) of the assessments described in section
2411(b)(1)(C), the Superintendent shall establish and im-
plement promotion gates for mathematics, reading, and
writing, for not less than 1 grade level from kindergarten
through grade 4, including at least grade 4, and shall estab-
lish dates for establishing such other promotion gates for
other subject areas.
(b) 5TH THROUGH 8TH GRADES.—Not later than one
year after the adoption in accordance with section 2411(d)
of the assessments described in section 2411(b)(1)(C), the
Superintendent shall establish and implement promotion
gates with respect to not less than one grade level from grade
5 through grade 8, including at least grade 8.
(c) 9TH THROUGH 12TH GRADES.—Not later than one
year after the adoption in accordance with section 2411(d)
of the assessments described in section 2411(b)(1)(C), the
Superintendent shall establish and implement promotion
gates with respect to not less than one grade level from grade
9 through grade 12, including at least grade 12.
890
Subtitle E—Per Capita District of
Columbia 
Public 
School 
and
Public Charter School Funding
SEC. 2501. ANNUAL BUDGETS FOR SCHOOLS.
(a) IN GENERAL.—For fiscal year 1997 and for each
subsequent fiscal year, the Mayor shall make annual pay-
ments from the general fund of the District of Columbia
in accordance with the formula established under subsection
(b).
(b) FORMULA.—
(1) IN GENERAL.—The Mayor and the District of
Columbia Council, in consultation with the Board of
Education and the Superintendent, shall establish on
or before April 15, 1996, a formula to determine the
amount of—
(A) the annual payment to the Board of
Education for the operating expenses of the Dis-
trict of Columbia public schools, which for pur-
poses of this paragraph includes the operating
expenses of the Board of Education and the Of-
fice of the Superintendent; and
(B) the annual payment to each public
charter school for the operating expenses of each
public charter school.
891
(2) FORMULA
CALCULATION.—Except as pro-
vided in paragraph (3), the amount of the annual
payment under paragraph (1) shall be calculated by
multiplying a uniform dollar amount used in the for-
mula established under such paragraph by—
(A) the number of students calculated under
section 2502 that are enrolled at District of Co-
lumbia public schools, in the case of the payment
under paragraph (1)(A); or
(B) the number of students calculated under
section 2502 that are enrolled at each public
charter school, in the case of a payment under
paragraph (1)(B).
(3) EXCEPTIONS.—
(A) 
FORMULA.—Notwithstanding 
para-
graph (2), the Mayor and the District of Colum-
bia Council, in consultation with the Board of
Education and the Superintendent, may adjust
the formula to increase or decrease the amount
of the annual payment to the District of Colum-
bia public schools or each public charter school
based on a calculation of—
(i) the number of students served by
such schools in certain grade levels; and
892
(ii) the cost of educating students at
such certain grade levels.
(B) 
PAYMENT.—Notwithstanding 
para-
graph (2), the Mayor and the District of Colum-
bia Council, in consultation with the Board of
Education and the Superintendent, may adjust
the amount of the annual payment under para-
graph (1) to increase the amount of such pay-
ment if a District of Columbia public school or
a public charter school serves a high number of
students—
(i) with special needs; or
(ii) who do not meet minimum literacy
standards.
SEC. 2502. CALCULATION OF NUMBER OF STUDENTS.
(a) SCHOOL REPORTING REQUIREMENT.—
(1) IN GENERAL.—Not later than September 15,
1996, and not later than September 15 of each year
thereafter, each District of Columbia public school
and public charter school shall submit a report to the
Mayor and the Board of Education containing the in-
formation described in subsection (b) that is applica-
ble to such school.
(2) SPECIAL
RULE.—Not later than April 1,
1997, and not later than April 1 of each year there-
893
after, each public charter school shall submit a report
in the same form and manner as described in para-
graph (1) to ensure accurate payment under section
2503(a)(2)(B)(ii).
(b) CALCULATION OF NUMBER OF STUDENTS.—Not
later than 30 days after the date of the enactment of this
Act, and not later than October 15 of each year thereafter,
the Board of Education shall calculate the following:
(1) The number of students, including non-
resident students and students with special needs, en-
rolled in each grade from kindergarten through grade
12 of the District of Columbia public schools and in
public charter schools, and the number of students
whose tuition for enrollment in other schools is paid
for with funds available to the District of Columbia
public schools.
(2) The amount of fees and tuition assessed and
collected from the nonresident students described in
paragraph (1).
(3) The number of students, including non-
resident students, enrolled in preschool and prekinder-
garten in the District of Columbia public schools and
in public charter schools.
894
(4) The amount of fees and tuition assessed and
collected from the nonresident students described in
paragraph (3).
(5) The number of full time equivalent adult stu-
dents enrolled in adult, community, continuing, and
vocational education programs in the District of Co-
lumbia public schools and in public charter schools.
(6) The amount of fees and tuition assessed and
collected from resident and nonresident adult students
described in paragraph (5).
(7) The number of students, including non-
resident students, enrolled in nongrade level programs
in District of Columbia public schools and in public
charter schools.
(8) The amount of fees and tuition assessed and
collected from nonresident students described in para-
graph (7).
(c) ANNUAL REPORTS.—Not later than 30 days after
the date of the enactment of this Act, and not later than
October 15 of each year thereafter, the Board of Education
shall prepare and submit to the Authority, the Mayor, the
District of Columbia Council, the Consensus Commission,
the Comptroller General of the United States, and the ap-
propriate congressional committees a report containing a
895
summary of the most recent calculations made under sub-
section (b).
(d) AUDIT OF INITIAL CALCULATIONS.—
(1) IN GENERAL.—The Board of Education shall
arrange with the Authority to provide for the conduct
of an independent audit of the initial calculations de-
scribed in subsection (b).
(2) CONDUCT
OF
AUDIT.—In conducting the
audit, the independent auditor—
(A) shall provide an opinion as to the accu-
racy of the information contained in the report
described in subsection (c); and
(B) shall identify any material weaknesses
in the systems, procedures, or methodology used
by the Board of Education—
(i) in determining the number of stu-
dents, including nonresident students, en-
rolled in the District of Columbia public
schools and in public charter schools, and
the number of students whose tuition for en-
rollment in other school systems is paid for
by funds available to the District of Colum-
bia public schools; and
(ii) in assessing and collecting fees and
tuition from nonresident students.
896
(3) SUBMISSION OF AUDIT.—Not later than 45
days, or as soon thereafter as is practicable, after the
date on which the Authority receives the initial an-
nual report from the Board of Education under sub-
section (c), the Authority shall submit to the Board
of Education, the Mayor, the District of Columbia
Council, and the appropriate congressional commit-
tees, the audit conducted under this subsection.
(4) COST OF THE AUDIT.—The Board of Edu-
cation shall reimburse the Authority for the cost of the
independent audit, solely from amounts appropriated
to the Board of Education for staff, stipends, and
other-than-personal-services of the Board of Education
by an Act making appropriations for the District of
Columbia.
SEC. 2503. PAYMENTS.
(a) IN GENERAL.—
(1) ESCROW FOR PUBLIC CHARTER SCHOOLS.—
Except as provided in subsection (b), for any fiscal
year, not later than 10 days after the date of enact-
ment of an Act making appropriations for the Dis-
trict of Columbia for such fiscal year, the Mayor shall
place in escrow an amount equal to the aggregate of
the amounts determined under section 2501(b)(1)(B)
897
for use only by District of Columbia public charter
schools.
(2) TRANSFER OF ESCROW FUNDS.—
(A) INITIAL PAYMENT.—Not later than Oc-
tober 15, 1996, and not later than October 15 of
each year thereafter, the Mayor shall transfer, by
electronic funds transfer, an amount equal to 75
percent of the amount of the annual payment for
each public charter school determined by using
the formula established pursuant to section
2501(b) to a bank designated by such school.
(B) FINAL PAYMENT.—
(i) Except as provided in clause (ii),
not later than May 1, 1997, and not later
than May 1 of each year thereafter, the
Mayor shall transfer the remainder of the
annual payment for a public charter school
in the same manner as the initial payment
was made under subparagraph (A).
(ii) Not later than March 15, 1997,
and not later than March 15 of each year
thereafter, if the enrollment number of a
public charter school has changed from the
number reported to the Mayor and the
Board of Education, as required under sec-
898
tion 2502(a), the Mayor shall increase the
payment in an amount equal to 50 percent
of the amount provided for each student
who has enrolled in such school in excess of
such enrollment number, or shall reduce the
payment in an amount equal to 50 percent
of the amount provided for each student
who has withdrawn or dropped out of such
school below such enrollment number.
(C) PRO RATA REDUCTION OR INCREASE IN
PAYMENTS.—
(i) PRO
RATA
REDUCTION.—If the
funds made available to the District of Co-
lumbia Government for the District of Co-
lumbia public school system and each public
charter school for any fiscal year are insuf-
ficient to pay the full amount that such sys-
tem and each public charter school is eligi-
ble to receive under this subtitle for such
year, the Mayor shall ratably reduce such
amounts for such year on the basis of the
formula described in section 2501(b).
(ii) INCREASE.—If additional funds
become available for making payments
under this subtitle for such fiscal year,
899
amounts that were reduced under subpara-
graph (A) shall be increased on the same
basis as such amounts were reduced.
(D) UNEXPENDED FUNDS.—Any funds that
remain in the escrow account for public charter
schools on September 30 of a fiscal year shall re-
vert to the general fund of the District of Colum-
bia.
(b) EXCEPTION FOR NEW SCHOOLS.—
(1) AUTHORIZATION.—There are authorized to be
appropriated $200,000 for each fiscal year to carry
out this subsection.
(2) DISBURSEMENT TO MAYOR.—The Secretary
of the Treasury shall make available and disburse to
the Mayor, not later than August 1 of each of the fis-
cal years 1996 through 2000, such funds as have been
appropriated under paragraph (1).
(3) ESCROW.—The Mayor shall place in escrow,
for use by public charter schools, any sum disbursed
under paragraph (2) and not paid under paragraph
(4).
(4) PAYMENTS TO SCHOOLS.—The Mayor shall
pay to public charter schools described in paragraph
(5), in accordance with this subsection, any sum dis-
bursed under paragraph (2).
900
(5) SCHOOLS DESCRIBED.—The schools referred
to in paragraph (4) are public charter schools that—
(A) did not operate as public charter schools
during any portion of the fiscal year preceding
the fiscal year for which funds are authorized to
be appropriated under paragraph (1); and
(B) operated as public charter schools dur-
ing the fiscal year for which funds are author-
ized to be appropriated under paragraph (1).
(6) FORMULA.—
(A) 1996.—The amount of the payment to
a public charter school described in paragraph
(5) that begins operation in fiscal year 1996
shall be calculated by multiplying $6,300 by 1⁄12
of the total anticipated enrollment as set forth in
the petition to establish the public charter school;
and
(B) 1997 THROUGH 2000.—The amount of
the payment to a public charter school described
in paragraph (5) that begins operation in any
of fiscal years 1997 through 2000 shall be cal-
culated by multiplying the uniform dollar
amount used in the formula established under
section 2501(b) by 1⁄12 of the total anticipated
901
enrollment as set forth in the petition to establish
the public charter school.
(7) PAYMENT TO SCHOOLS.—
(A) TRANSFER.—On September 1 of each of
the years 1996 through 2000, the Mayor shall
transfer, by electronic funds transfer, the amount
determined under paragraph (6) for each public
charter school from the escrow account estab-
lished under subsection (a) to a bank designated
by each such school.
(B) PRO RATA AND REMAINING FUNDS.—
Subparagraphs (C) and (D) of subsection (a)(2)
shall apply to payments made under this sub-
section, except that for purposes of this subpara-
graph references to District of Columbia public
schools in such subparagraphs (C) and (D) shall
be read to refer to public charter schools.
Subtitle F—School Facilities Repair
and Improvement
SEC. 2550. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘facilities’’ means buildings, struc-
tures, and real property of the District of Columbia
public schools, except that such term does not include
902
any administrative office building that is not located
in a building containing classrooms; and
(2) the term ‘‘repair and improvement’’ includes
administration, construction, and renovation.
PART 1—SCHOOL FACILITIES
SEC. 2551. TECHNICAL ASSISTANCE.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act the Administrator of the Gen-
eral Services Administration shall enter into a Memoran-
dum of Agreement or Understanding (referred to in this
subtitle as the ‘‘Agreement’’) with the Superintendent re-
garding the terms under which the Administrator will pro-
vide technical assistance and related services with respect
to District of Columbia public schools facilities manage-
ment in accordance with this section.
(b) TECHNICAL ASSISTANCE
AND RELATED SERV-
ICES.—The technical assistance and related services de-
scribed in subsection (a) shall include—
(1) the Administrator consulting with and advis-
ing District of Columbia public school personnel re-
sponsible for public schools facilities management, in-
cluding repair and improvement with respect to fa-
cilities management of such schools;
(2) the Administrator assisting the Superintend-
ent in developing a systemic and comprehensive fa-
903
cilities revitalization program, for the repair and im-
provement of District of Columbia public school fa-
cilities, which program shall—
(A) include a list of facilities to be repaired
and improved in a recommended order of prior-
ity;
(B) provide the repair and improvement re-
quired to support modern technology; and
(C) take into account the Preliminary Fa-
cilities Master Plan 2005 (prepared by the Su-
perintendent’s Task Force on Education Infra-
structure for the 21st Century);
(3) the method by which the Superintendent will
accept donations of private goods and services for use
by the District of Columbia public schools without re-
gard to any law or regulation of the District of Co-
lumbia;
(4) the Administrator recommending specific re-
pair and improvement projects in District of Colum-
bia public school facilities to the Superintendent that
are appropriate for completion by members and units
of the National Guard and the Reserves in accordance
with the program developed under paragraph (2);
(5) upon the request of the Superintendent, the
Administrator assisting the appropriate District of
904
Columbia public school officials in the preparation of
an action plan for the performance of any repair and
improvement recommended in the program developed
under paragraph (2), which action plan shall detail
the technical assistance and related services the Ad-
ministrator proposes to provide in the accomplish-
ment of the repair and improvement;
(6) upon the request of the Superintendent, and
if consistent with the efficient use of resources as de-
termined by the Administrator, the coordination of
the accomplishment of any repair and improvement
in accordance with the action plan prepared under
paragraph (5), except that in carrying out this para-
graph, the Administrator shall not be subject to the
requirements of title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251
et seq.), the Office of Federal Procurement Policy Act
(41 U.S.C. 401 et seq.), nor shall such action plan be
subject to review under the bid protest procedures de-
scribed in sections 3551 through 3556 of title 31,
United States Code, or the Contract Disputes Act of
1978 (41 U.S.C. 601 et seq.);
(7) providing access for the Administrator to all
District of Columbia public school facilities as well as
permitting the Administrator to request and obtain
905
any record or document regarding such facilities as
the Administrator determines necessary, except that
any such record or document shall not become a
record (as defined in section 552a of title 5, United
States Code) of the General Services Administration;
and
(8) the Administrator making recommendations
regarding how District of Columbia public school fa-
cilities may be used by the District of Columbia com-
munity for multiple purposes.
(c) AGREEMENT PROVISIONS.—The Agreement shall
include—
(1) the procedures by which the Superintendent
and Administrator will consult with respect to carry-
ing out this section, including reasonable time frames
for such consultation;
(2) the scope of the technical assistance and re-
lated services to be provided by the General Services
Administration in accordance with this section;
(3) assurances by the Administrator and the Su-
perintendent to cooperate with each other in any way
necessary to ensure implementation of the Agreement,
including assurances that funds available to the Dis-
trict of Columbia shall be used to pay the obligations
of the District of Columbia public school system that
906
are incurred as a result of actions taken under, or in
furtherance of, the Agreement, in addition to funds
available to the Administrator for purposes of this
section; and
(4) the duration of the Agreement, except that in
no event shall the Agreement remain in effect later
than the day that is 24 months after the date that the
Agreement is signed, or the day that the agency des-
ignated pursuant to section 2552(a)(2) assumes re-
sponsibility for the District of Columbia public school
facilities, whichever day is earlier.
(d) LIMITATION ON ADMINISTRATOR’S LIABILITY.—No
claim, suit, or action may be brought against the Adminis-
trator in connection with the discharge of the Administra-
tor’s responsibilities under this subtitle.
(e) SPECIAL RULE.—Notwithstanding any other pro-
vision of law, the Administrator is authorized to accept and
use a conditioned gift made for the express purpose of re-
pairing or improving a District of Columbia public school,
except that the Administrator shall not be required to carry
out any repair or improvement under this section unless
the Administrator accepts a donation of private goods or
services sufficient to cover the costs of such repair or im-
provement.
907
(f) EFFECTIVE DATE.—This subtitle shall cease to be
effective on the earlier day specified in subsection (c)(4).
SEC. 2552. FACILITIES REVITALIZATION PROGRAM.
(a) PROGRAM.—Not later than 24 months after the
date that the Agreement is signed, the Mayor and the Dis-
trict of Columbia Council in consultation with the Admin-
istrator, the Authority, the Board of Education, and the
Superintendent, shall—
(1) design and implement a comprehensive long-
term program for the repair and improvement, and
maintenance and management, of the District of Co-
lumbia public school facilities, which program shall
incorporate the work completed in accordance with
the program described in section 2551(b)(2); and
(2) designate a new or existing agency or au-
thority within the District of Columbia Government
to administer such program.
(b) PROCEEDS.—Such program shall include—
(1) identifying short-term funding for capital
and maintenance of facilities, which may include re-
taining proceeds from the sale or lease of a District
of Columbia public school facility; and
(2) identifying and designating long-term fund-
ing for capital and maintenance of facilities.
908
(c) IMPLEMENTATION.—Upon implementation of such
program, the agency or authority created or designated pur-
suant to subsection (a)(2) shall assume authority and re-
sponsibility for the repair and improvement, and mainte-
nance and management, of District of Columbia public
schools.
SEC. 2553. AUTHORIZATION OF APPROPRIATIONS FOR EN-
GINEERING PLANS.
There are authorized to be appropriated to the Admin-
istrator, $500,000 for fiscal year 1996, which funds only
shall be available for the costs of engineering plans devel-
oped to carry out this subtitle.
PART 2—WAIVERS
SEC. 2561. WAIVERS.
(a) IN GENERAL.—
(1) REQUIREMENTS
WAIVED.—Subject to sub-
section (b), all District of Columbia fees and all re-
quirements contained in the document entitled ‘‘Dis-
trict of Columbia Public Schools Standard Contract
Provisions’’ (as such document was in effect on No-
vember 2, 1995 and including any revisions or modi-
fications to such document) published by the District
of Columbia public schools for use with construction
or maintenance projects, are waived, for purposes of
repair and improvement of District of Columbia pub-
909
lic schools facilities for a period beginning on the date
of enactment of this Act and ending 24 months after
such date.
(2) DONATIONS.—An employer may accept, and
persons may voluntarily donate, materials and serv-
ices for the repair and improvement of a District of
Columbia public school facility: Provided, That the
provision of voluntary labor meets the requirements of
29 U.S.C. 203(e)(4).
(b) LIMITATION.—A waiver under subsection (a) shall
not apply to requirements under 40 U.S.C. 276a–276a–7.
PART 3—GIFTS, DONATIONS, BEQUESTS, AND
DEVISES
SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND DEVISES.
(a) IN GENERAL.—A District of Columbia public
school or a public charter school may accept directly from
any person a gift, donation, bequest, or devise of any prop-
erty, real or personal, without regard to any law or regula-
tion of the District of Columbia.
(b) TAX LAWS.—For the purposes of the income tax,
gift tax, and estate tax laws of the Federal Government,
any money or other property given, donated, bequeathed,
or devised to a District of Columbia public school or a pub-
lic charter school, shall be deemed to have been given, do-
910
nated, bequeathed, or devised to or for the use of the District
of Columbia.
Subtitle G—Residential School
SEC. 2601. RESIDENTIAL SCHOOL AUTHORIZED.
(a) IN GENERAL.—The Superintendent is authorized
to develop a plan to establish for the District of Columbia
a residential school for academic year 1997–1998 and to
assist in the startup of such school.
(b) PLAN REQUIREMENTS.—If developed, the plan for
the residential school shall include, at a minimum—
(1) options for the location of the school, includ-
ing the renovation or construction of a facility;
(2) financial plans for the facility, including an-
nual costs to operate the school, capital expenditures
required to open the facility, maintenance of facili-
ties, and staffing costs; and
(3) staff development and training plans.
SEC. 2602. USE OF FUNDS.
Funds under this subtitle may be used—
(1) to develop the plan described in section 2601;
and
(2) for capital costs associated with the startup
of a residential school, including the purchase of real
and personal property and the renovation or con-
struction of facilities.
911
SEC. 2603. FUTURE FUNDING.
The Superintendent shall identify, not later than De-
cember 31, 1996, in a report to the Mayor, the District of
Columbia Council, the Authority, and the appropriate con-
gressional committees, non-Federal funding sources for the
operation of the residential school.
SEC. 2604. GIFTS.
The Superintendent may accept donations of money,
property, and personal services for purposes of the establish-
ment and operation of the residential school.
SEC. 2605. AUTHORIZATION OF APPROPRIATIONS.
(a) PLAN.—There are authorized to be appropriated
to the District of Columbia $100,000 for fiscal year 1996
to develop the plan described in section 2601.
(b) CAPITAL COSTS.—There are authorized to be ap-
propriated $1,900,000 for fiscal year 1997 to carry out sec-
tion 2602(2).
Subtitle H—Progress Reports and
Accountability
SEC. 2651. SUPERINTENDENT’S REPORT ON REFORMS.
Not later than December 1, 1996, the Superintendent
shall submit to the appropriate congressional committees,
the Board of Education, the Mayor, the Consensus Commis-
sion, and the District of Columbia Council a report regard-
ing the progress of the District of Columbia public schools
toward achieving the goals of the long-term reform plan.
912
SEC. 2652. DISTRICT OF COLUMBIA COUNCIL REPORT.
Not later than April 1, 1997, the Chairperson of the
District of Columbia Council shall submit to the appro-
priate congressional committees a report describing legisla-
tive and other actions the District of Columbia Council has
taken or will take to facilitate the implementation of the
goals of the long-term reform plan.
Subtitle I—Partnerships With
Business
SEC. 2701. PURPOSE.
The purpose of this subtitle is—
(1) to leverage private sector funds utilizing ini-
tial Federal investments in order to provide students
and teachers within the District of Columbia public
schools and public charter schools with access to state-
of-the-art educational technology;
(2) to establish a regional job training and em-
ployment center;
(3) to strengthen workforce preparation initia-
tives for students within the District of Columbia
public schools and public charter schools;
(4) to coordinate private sector investments in
carrying out this title; and
(5) to assist the Superintendent with the develop-
ment of individual career paths in accordance with
the long-term reform plan.
913
SEC. 2702. DUTIES OF THE SUPERINTENDENT OF THE DIS-
TRICT OF COLUMBIA PUBLIC SCHOOLS.
Not later than 45 days after the date of the enactment
of this Act, the Superintendent shall provide a grant to a
private, nonprofit corporation that meets the eligibility cri-
teria under section 2703 for the purposes of carrying out
the duties under sections 2704 and 2707.
SEC. 2703. ELIGIBILITY CRITERIA FOR PRIVATE, NON-
PROFIT CORPORATION.
A private, nonprofit corporation shall be eligible to re-
ceive a grant under section 2702 if the corporation is a
national business organization incorporated in the District
of Columbia, that—
(1) has a board of directors which includes mem-
bers who are also chief executive officers of technology-
related corporations involved in education and
workforce development issues;
(2) has extensive practical experience with ini-
tiatives that link business resources and expertise
with education and training systems;
(3) has experience in working with State and
local educational agencies throughout the United
States with respect to the integration of academic
studies with workforce preparation programs; and
914
(4) has a nationwide structure through which
additional resources can be leveraged and innovative
practices disseminated.
SEC. 2704. DUTIES OF THE PRIVATE, NONPROFIT CORPORA-
TION.
(a) DISTRICT EDUCATION
AND LEARNING TECH-
NOLOGIES ADVANCEMENT COUNCIL.—
(1) ESTABLISHMENT.—The private, nonprofit
corporation shall establish a council to be known as
the ‘‘District Education and Learning Technologies
Advancement Council’’ (in this subtitle referred to as
the ‘‘council’’).
(2) MEMBERSHIP.—
(A) IN GENERAL.—The private, nonprofit
corporation shall appoint members to the coun-
cil. An individual shall be appointed as a mem-
ber to the council on the basis of the commitment
of the individual, or the entity which the indi-
vidual is representing, to providing time, energy,
and resources to the council.
(B) COMPENSATION.—Members of the coun-
cil shall serve without compensation.
(3) DUTIES.—The council—
(A) shall advise the private, nonprofit cor-
poration with respect to the duties of the cor-
915
poration under subsections (b) through (e) of this
section; and
(B) 
shall 
assist 
the 
corporation 
in
leveraging private sector resources for the pur-
pose of carrying out such duties.
(b) ACCESS
TO STATE-OF-THE-ART EDUCATIONAL
TECHNOLOGY.—
(1) IN GENERAL.—The private, nonprofit cor-
poration, in conjunction with the Superintendent,
students, parents, and teachers, shall establish and
implement strategies to ensure access to state-of-the-
art educational technology within the District of Co-
lumbia public schools and public charter schools.
(2) ELECTRONIC DATA TRANSFER SYSTEM.—The
private, nonprofit corporation shall assist the Super-
intendent in acquiring the necessary equipment, in-
cluding computer hardware and software, to establish
an electronic data transfer system. The private, non-
profit corporation shall also assist in arranging for
training of District of Columbia public school em-
ployees in using such equipment.
(3) TECHNOLOGY ASSESSMENT.—
(A) IN GENERAL.—In establishing and im-
plementing the strategies under paragraph (1),
the private, nonprofit corporation, not later than
916
September 1, 1996, shall provide for an assess-
ment of the availability, on the date of enact-
ment of this Act, of state-of-the-art educational
technology within the District of Columbia pub-
lic schools and public charter schools.
(B) CONDUCT OF ASSESSMENT.—In provid-
ing for the assessment under subparagraph (A),
the private, nonprofit corporation—
(i) shall provide for onsite inspections
of the state-of-the-art educational technology
within a minimum sampling of District of
Columbia public schools and public charter
schools; and
(ii) shall ensure proper input from stu-
dents, parents, teachers, and other school of-
ficials through the use of focus groups and
other appropriate mechanisms.
(C) RESULTS
OF
ASSESSMENT.—The pri-
vate, nonprofit corporation shall ensure that the
assessment carried out under this paragraph
provides, at a minimum, necessary information
on state-of-the-art educational technology within
the District of Columbia public schools and pub-
lic charter schools, including—
917
(i) the extent to which typical District
of Columbia public schools have access to
such state-of-the-art educational technology
and training for such technology;
(ii) how such schools are using such
technology;
(iii) the need for additional technology
and the need for infrastructure for the im-
plementation of such additional technology;
(iv) the need for computer hardware,
software, training, and funding for such ad-
ditional technology or infrastructure; and
(v) the potential for computer linkages
among District of Columbia public schools
and public charter schools.
(4) SHORT-TERM TECHNOLOGY PLAN.—
(A) IN GENERAL.—Based upon the results
of the technology assessment under paragraph
(3), the private, nonprofit corporation shall de-
velop a 3-year plan that includes goals, prior-
ities, and strategies for obtaining the resources
necessary to implement strategies to ensure ac-
cess to state-of-the-art educational technology
within the District of Columbia public schools
and public charter schools.
918
(B) IMPLEMENTATION.—The private, non-
profit corporation, in conjunction with schools,
students, parents, and teachers, shall implement
the plan developed under subparagraph (A).
(5) LONG-TERM
TECHNOLOGY
PLAN.—Prior to
the completion of the implementation of the short-
term technology plan under paragraph (4), the pri-
vate, nonprofit corporation shall develop a plan under
which the corporation will continue to coordinate the
donation of private sector resources for maintaining
the continuous improvement and upgrading of state-
of-the-art educational technology within the District
of Columbia public schools and public charter schools.
(c) DISTRICT EMPLOYMENT
AND LEARNING CEN-
TER.—
(1) ESTABLISHMENT.—The private, nonprofit
corporation shall establish a center to be known as the
‘‘District Employment and Learning Center’’ (in this
subtitle referred to as the ‘‘center’’), which shall serve
as a regional institute providing job training and
employment assistance.
(2) DUTIES.—
(A) JOB TRAINING AND EMPLOYMENT AS-
SISTANCE PROGRAM.—The center shall establish
a program to provide job training and employ-
919
ment assistance in the District of Columbia and
shall coordinate with career preparation pro-
grams in existence on the date of enactment of
this Act, such as vocational education, school-to-
work, and career academies in the District of Co-
lumbia public schools.
(B) CONDUCT OF PROGRAM.—In carrying
out the program established under subparagraph
(A), the center—
(i) shall provide job training and em-
ployment assistance to youths who have at-
tained the age of 18 but have not attained
the age of 26, who are residents of the Dis-
trict of Columbia, and who are in need of
such job training and employment assist-
ance for an appropriate period not to ex-
ceed 2 years;
(ii) shall work to establish partnerships
and enter into agreements with appropriate
agencies of the District of Columbia Govern-
ment to serve individuals participating in
appropriate Federal programs, including
programs under the Job Training Partner-
ship Act (29 U.S.C. 1501 et seq.), the Job
Opportunities and Basic Skills Training
920
Program under part F of title IV of the So-
cial Security Act (42 U.S.C. 681 et seq.),
the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301
et seq.), and the School-to-Work Opportuni-
ties Act of 1994 (20 U.S.C. 6101 et seq.);
(iii) shall conduct such job training, as
appropriate, through a consortium of col-
leges, universities, community colleges, busi-
nesses, and other appropriate providers, in
the District of Columbia metropolitan area;
(iv) shall design modular training pro-
grams that allow students to enter and leave
the training curricula depending on their
opportunities for job assignments with em-
ployers; and
(v) shall utilize resources from busi-
nesses to enhance work-based learning op-
portunities and facilitate access by students
to work-based learning and work experience
through temporary work assignments with
employers in the District of Columbia met-
ropolitan area.
(C) COMPENSATION.—The center may pro-
vide compensation to youths participating in the