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personnel, procurement, and the preparation of fiscal im-
pact statements during a control period (as defined in Pub-
lic Law 104–8) shall remain in effect through September 
30, 2005. 
SEC. 338. The paragraph under the heading ‘‘Federal 
Payment for Incentives for Adoption of Children’’ in Public 
Law 106–113, approved November 29, 1999 (113 Stat. 
1501), is amended to add the following proviso: ‘‘: Provided 
further, That the funds provided under this heading for the 
establishment of a scholarship fund for District of Columbia 
children of adoptive families, and District of Columbia chil-
dren without parents due to the September 11, 2001 ter-
rorist attack to be used for post high school education and 
training, once obligated by the District to establish the 
scholarship fund, shall remain obligated and be retained by 
the District for 25 years from the date of obligation to allow 
for any individual who is within the class of persons to 
be assisted by this provision to reach post high school and 
to present expenditures to be extinguished by the fund’’. 
SEC. 339. AUTHORITY
OF OPCSFS. (a) Section 
161(3)(E)(i) of Public Law 106–522 shall be amended to 
include a new section known as (E)(i)(IV) to establish regu-
lations for administering lease guarantees through the cred-
it enhancement fund to public charter schools in the District 
of Columbia.
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(b) The first sentence of section 143 of the District of 
Columbia Appropriations Act of 2003 (Public Law 108– 
7, 117 STAT. 130) approved April 20, 2003 is amended 
by striking the phrase, ‘‘under the authority of the Depart-
ment of Banking and Financial Institutions’’ and inserting 
‘‘under the authority of the Mayor’’ in its place. 
SEC. 340. PROCESS FOR FILING CHARTER PETITIONS. 
D.C. Code § 38–1802.01 is amended by adding a new sec-
tion (e) as follows— 
‘‘(e) A petition to establish a public charter school in 
the District of Columbia, or to convert a District of Colum-
bia public school or an existing private or independent 
school, is a public document.’’. 
SEC. 341. AMENDMENTS TO CHARTER SCHOOL LAW. 
(a) PROCESS FOR FILING CHARTER PETITIONS.—Section 
2201 of the District of Columbia School Reform Act of 1995 
(D.C. Code 38–1802.01) is amended— 
(1) in subsection (a)(3)(B), by striking ‘‘two- 
thirds’’ and inserting ‘‘51 percent’’; and 
(2) in subsection (b)(3)(B), by striking ‘‘two- 
thirds’’ and inserting ‘‘51 percent’’. 
(b) EMPLOYEES.—Section 2207 of the District of Co-
lumbia School Reform Act of 1995 (D.C. Code 38–1802.07) 
is amended by adding at the end the following:
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‘‘(d) TEACHERS REMAINING AT CONVERTED PUBLIC 
CHARTER SCHOOLS.—A teacher employed at a District of 
Columbia public school that converts to a public charter 
school under section 2201 shall have the option of remain-
ing at the charter school during the school’s first year of 
operation after receiving an extended leave of absence under 
subsection (a)(1). After this 1-year period, the teacher may 
continue to be employed at the public charter school, at the 
sole discretion of the public charter school, or shall main-
tain current status within the District of Columbia public 
school system.’’. 
(c) PUBLIC SCHOOL SERVICES TO PUBLIC CHARTER 
SCHOOLS.—Section 2209(b) of the District of Columbia 
School Reform Act of 1995 (D.C. Code 38–1802.09(b)) is 
amended— 
(1) in paragraph (1)— 
(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law, regulation, or order relat-
ing to the disposition of a facility or property 
described in subparagraph (B), or to the disposi-
tion of any property of the District of Columbia, 
the Mayor and the District of Columbia govern-
ment shall give a right of first offer, which right
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shall be annually reinstated with respect to any 
facility or property not previously disposed of, or 
under contract to be disposed of, to an eligible 
applicant whose petition to establish a public 
charter school has been conditionally approved 
under section 2203(d)(2), or a Board of Trustees, 
with respect to the purchase, lease, transfer, or 
use of a facility or property described in sub-
paragraph (B).’’; 
(B) by amending subparagraph (B)(iii) to 
read as follows: 
‘‘(iii) With respect to which— 
‘‘(I) the Board of Education has 
transferred jurisdiction to the Mayor 
and over which the Mayor has jurisdic-
tion on the effective date of this sub-
clause; or 
‘‘(II) over which the Mayor or 
any successor agency gains jurisdiction 
after the effective date of this sub-
clause.’’; and 
(C) by adding at the end the following: 
‘‘(C) TERMS OF PURCHASE OR LEASE.—The 
terms of purchase or lease of a facility or prop-
erty described in subparagraph (B) shall—
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‘‘(i) be negotiated by the Mayor; 
‘‘(ii) include rent or an acquisition 
price, as applicable, that is at least 25 per-
cent less than the appraised value of the 
property (based on use of the property for 
school purposes); and 
‘‘(iii) include a lease period, if the 
property is to be leased, of not less than 25 
years, and renewable for additional 25-year 
periods as long as the eligible applicant or 
Board of Trustees maintains its charter.’’; 
and 
(2) in paragraph (2)(A), by striking ‘‘pref-
erence’’ and inserting ‘‘a right to first offer’’; and 
(3) by adding at the end the following: 
‘‘(3) CONVERSION PUBLIC CHARTER SCHOOLS.— 
Any District of Columbia public school that was ap-
proved to become a conversion public charter school 
under section 2201 before the effective date of this sub-
section or is approved to become a conversion public 
charter school after the effective date of this sub-
section, shall have the right to exclusively occupy the 
facilities the school occupied as a District of Colum-
bia public school under a lease for a period of not less 
than 25 years, renewable for additional 25-year peri-