An Act to amend the act of June 20, 1906, and the District of Columbia election law to provide for the election of members of the Board of Education of the District of Columbia
PL 90-292 (H.R.13042), enacted 04/22/1968

82 STAT. ] 
PUBLIC LAW 90-292-APR. 22, 1968 
101 
Public Law 90-292 
AN ACT 
To amend the Act of June 20, 1906, and the District of Columbia election law to 
provide for the election of members of the Board of Education of the District 
of Columbia, 
April 22, 1968 
[H. R. 13042] 
Be it eruLcted hy the Senate aTid House of Representatives 
of the 
United States of America in Congress assenibled^ 
SHORT TITLE 
SECTTOX 1. This Act may be cited as the "District of Columbia 
Elected Board of Education Act." 
FINDINGS AND DECLARATION OF PURPOSE 
SEC. 2. The Congress hereby finds and declares that the school is a 
focal point of neighborhood and community activity; that the merit 
of its schools and educational system is a primary index to the merit of 
the community; and tliat the education of their children is a municipal 
matter of primary and personal concern to the citizens of a community. 
It is therefore the purpose of this Act to give the citizens of the Na-
tion's Capital a direct voice in the development and conduct of the 
public educational system of the District of Columbia; to provide or-
ganizational arrangements whereby educational programs may be 
improved and coordinated with other municipal programs; and to 
make District schools centers of neighborhood and community life. 
District of 
Columbia Elected 
Board of Educa-
tion Act. 
AMENDMENTS TO DISTRICT OF COLUMBIA BOARD OF EDUCATION LAW 
SEC. 3. (a) Section 2 of the Act entitled "An Act to fix and regulate 
the salaries of teachers, school officers, and other employees of the board 
of education of the District of Columbia", approved June 20, 1906 
(D.C. Code, sec. 31-101), is amended by striking out the first para-
graph of subsection (a) and inserting in lieu thereof the following: 
"SEC. 2. (a) The control of the public schools of the District of 
Columbia is vested in a Board of Education to consist of eleven elected 
members, three of whom are to be elected at large, and one to be elected 
from each of the eight school election wards established under the 
District of Columbia Election Act. The election of the members of the 
Board of Education shall be conducted on a nonpartisan basis and in 
accordance with such Act. 
"(b)(1) Except as provided in paragraph (2) of this subsection 
and section 10(e) of the District of Columbia Election Act, the term 
of office of a member of the Board of Education shall be four years. 
"(2) Of the members of the Board of ICducation first elected after 
the date of the enactment of this paragraph, three members elected 
from wards and two members elected at large shall serve for terms 
ending January 26, 1970, and the other six members shall serve for 
terms ending January 24, 1972. Tlie members who shall serve for 
terms ending January 26,1970, shall be determined by lots cast before 
the Board of Elections of the District of Columbia upon a date set and 
pursuant to regulation issued by the Board of Elections. 
"(3) The term of office of a member of the Board of Education 
elected at a general election shall begin at noon on the fourth Monday 
in January next following such election. A member may serve more 
than one term. 
"(4) The members may receive compensation at a rate fixed by the 
District of Columbia Council, which shall not exceed $1,200 per 
annum. 
34 Stat. 316; 
71 Stat. 340. 
Members, elec-
tion. 
69 Stat. 699; 
Post, 
p. 106. 
D.C. Code 1-
1101 et 
seq. 
Term of office. 
Post, 
p. 106. 
Compensation. 
1102. 
102 
PUBLIC LAW 90-292-APR. 22, 1968 
[82 STAT. 
Qualifications. 
«((.) (J) ^^^^^ member of the Board of Education elected from a 
ward shall at the time of his nomination (A) be a qualified elector (as 
69 Stat 699- 
^^^^ ^^^^ ^^ defined in section 2 of the District of Columbia Election 
75 star'820. ' 
^^^^) ^^ ^lie scliool clectiou ward from which he seeks election, (B) 
D.c. Code 1- 
have, for the one-year period immediately preceding his nomination, 
'"' 
resided in the school election ward from which he is nominated, (C) 
have, during the three years next preceding his nomination, been an 
actual resident of the District of Columbia and have during such 
period claimed residence nowhere else, and (D) hold no elective office 
other than delegate or alternate delegate to a convention of a political 
party nominating candidates for President and Vice President of the 
United States. A member shall forfeit his office upon failure to main-
tain the qualifications required by this paragraph. 
"(2) Each member of the Board of Education elected at large shall 
at the time of his nomination (A) be a qualified elector (as that term is 
defined in section 2 of the District of Columbia Election Act) in the 
District of Columbia, (B) have, during the three-year period next 
preceding his nomination, been an actual resident of the District of 
Columbia and have during such period claimed residence nowhere 
else, and (C) hold no elective office other than delegate or alternate 
delegate to a convention of a political party nominating candidates for 
President and Vice President of the United States. A member shall 
forfeit his office upon failure to maintain the qualifications required 
by this paragraph. 
"(3) No individual may hold the office of member of the Board of 
Education and also be an officer or employee of the District of Colum-
bia government or of the Board of Education. A member will forfeit 
liis office upon failure to maintain the qualification required by this 
paragraph. 
"(d) Whenever, before the end of his term, a member of the Board of 
Education dies, resigns, or becomes unable to serve or a member-elect 
of the Board of Education fails to take office, such A^acancy shall be 
filled as provided in section 10(e) of the District of Columbia Elec-
tion Act. 
"(e) The Board of Education .shall select a President from among 
its members at the first meeting of the Board of Education held on or 
after the date (prescribed in paragraph (3) of subsection (b) of this 
section) on which members are to take office after each general elec-
tion. The Board of Education may appoint a secretary, who shall not 
be a member of the Board of Education. The Board of Education shall 
hold stated meetings at least once a month during the school year and 
.such additional meetings as it may from time to time provide for. 
Meetings of the Board of Education shall be open to the public; except 
that the Board of Education (1) may close to the public any meeting 
(or part thereof) dealing with the appointment, promotion, transfer, 
or termination of employment of, or any other related matter involv-
ing, any employee of the Board of Education, and (2) may close to 
the public any meeting (or part thereof) dealing with any other matter 
but no final policy decision on such other matter may be made by the 
Board of Education in a meeting (or part thereof) closed to the 
public." 
(b) The second, third, fourth, and fifth paragraphs of such section 
Post, p. 103. 
2(a) are redesignated as subsections (f), (g), (h), and (i), respec-
tively. 
fr^^at. 341. 
(c) Subsection (b) of such section 2 is repealed. 
D.c. Code 31- 
(d) (1) The provisions of the Act of June 20, 1906, listed in para-
^°^- 
graph (2) of this subsection, are amended by striking out the terms 
"board of education" and "board" each place they appear in .such pro-
visions and inserting in lieu thereof "Board of Education" and 
"Board", respectively. 
Vacancies. 
Post, 
p. 106. 
Officers; 
met 
82 STAT. ] 
PUBLIC LAW 90-292-APR. 22, 1968 
103 
(2) The provisions of the Act of June 20, 1906, amended by para-
graph (1) of this jsubsection are as follows: 
(A) Subsections (f), (g), (h), and (i) of section 2 of such Act (as so 
redesignated by subsection (b) of this section) (D.C. Code, sees. 31-
102, 31-103, 31-104, 31-101). 
JtTnsJ'' 
(B) Section 3 of such Act (D.C. Code, sees. 31-105, 31-108, 31-110, 
31-111). 
(C) The first paragraph of section 5 of such Act (D.C. Code, sec. 
31-112). 
(D) Section 12 of such Act (D.C. Code, sec. 31-117). 
AMENDMENTS 
TO IMSTKICT OF COLUMBIA 
ELECTION 
LAW 
SEC. 4. The Act entitled "An Act to regulate the election in the Dis-
trict of Columbia of electors of President and Vice President of the 
L^nited States and of delegates representing the District of Columbia 
to national political conventions, and for other purposes", approved 
August 12,1955 (D.C. Code, sec. 1-1101 et seq.), is amended as follows: 
(1) The first section of such Act (D.C. Code, sec. 1-1101) is amended 
by inserting immediately after "Vice President of the United States" 
the following: ", the members of the Board of Education,". 
(2) Section 2 of such Act (D.C. Code, sec. 1-1102) is amended by 
adding at the end thereof the following new paragraphs: 
"(4) The term 'ward' means a school election ward established by 
the Board under section 5 (a) (4) of this Act. 
" (5) The term 'Board of Education' means the Board of Education 
of the District." 
(3) Paragraph (4) of section 5(a) of such Act (D.C. Code, sec. 
1-1105(a) (4)) is amended by inserting immediately before the semi-
colon the following: "; divide the District into eight compact and 
contiguous school election wards which .shall include such numbers 
of precincts as will provide approximately equal population within 
each ward; and reapportion the wards accordingly after each decen-
nial census". 
(4) Section 7 of such Act (D.C. Code, sec. 1-1107) is amended— 
(A) by striking out in subsection (a) "he registers in the Dis-
trict during the year in which such election is to be held." and 
inserting in lieu thereof "he is duly registered in the District 
on the date of such election. A person shall be considered duly 
registered in the District if he registers under this Act after 
January 1, 1968, and if after the date he registers no four-year 
period elapses during which he fails to vote in an election held 
under this Act."; 
(B) by amending subsection (d) to read as follows: 
"(d) (1) The registry shall be open during reasonable hours, except 
that the registry shall not be open (A) during the thirty-day period 
ending on the first Tuesday following the first Monday m November 
of each odd-numbered calendar year and of each presidential election 
year, (B) during the thirty-day period ending on the first Tuesday in 
May in each presidential election year, and (C) during such other 
period as the Board may provide in the case of a special election. 
"(2) The Board may close the registry on Saturdays, Sundays, and 
holidays. Wliile the registry is open, any person may apply for registra-
tion or change his registration."; and 
(C) by striking out in subsection (e) "Municipal Court for the 
District of Columbia" and inserting in lieu thereof "District of 
Columbia Court of General Sessions". 
(5) Section 8 of such Act (D.C. Code, sec. 1-1108) is amended— 
(A) by striking out in subsection (a)(1) "thirty days" and 
inserting in lieu thereof "forty-five days"; and 
69 Stat. 699; 
75 Stat. 817. 
"Ward." 
"Board of Edu-
cation." 
School election 
wards. 
Registration. 
75 Stat. 817. 
69 Stat. 701; 
75 Stat. 818. 
Nominations. 
69 Stat. 701. 
104 
PUBLIC LAW 90-292-APR. 22, 1968 
[82 STAT. 
69 Stat. 701; 
75 Stat. 818, 819. 
Petitions, re-
quirements; filing 
fee. 
Ante, p. 103. 
Petitions, post-
ing. 
Challenge. 
Appeal. 
Absentee vot-
ing. 
75 Stat. 819. 
(B) by adding tlie followiiig new subsections at the end thereof: 
"(h) (1) Except in the case of the three members of the Board of 
Education elected at large, the members of the Board of Education 
shall be elected hj the qualified electors of the respective wards of the 
I^istrict from which the membere have been nominated. 
"(2) In the case of the three members of the Board of Education 
elected at large, each such member shall be elected by the qualified 
electors of the District. 
"(i) Each candidate in a general election for member of the Board 
of Education shall be nominated for such office by a petition (A) filed 
with the Board not later than forty-five days before the date of such 
general election; (B) signed by at least two hundred and fifty persons 
who are duly registered under section 7 in the ward from which the 
candidate seeks election, or in the case of a candidate running at large, 
signed by at least one hundred and twenty-five persons in each ward 
of the District who are duly registered in such ward; and (C) ac-
companied by a filing fee of $100. Such fee may be refunded only in the 
event that the candidate Avithdraws his nomination by writing received 
by the Board not later than three dajs after the date on which nomina-
tions are closed. A nominating petition for a candidate in a general 
election for member of the Board of Education may not be circulated 
for signatures before the ninety-ninth day preceding the date of such 
election and may not be filed with the Board before the seventieth day 
preceding such date. The Board may prescribe rules with respect to 
the preparation and presentation of nominating petitions and the 
posting and disposition of filing fees. In a general election for members 
of the Board of Education, the Board shall arrange the ballots in each 
ward to enable a voter registered in that ward to vote for any one can-
didate duly nominated to be elected to such office from such ward, and 
to vote for as many candidates duly nominated for election at large to 
such office as there are Board of Education members to be elected at 
large in such election. 
" (j) (1) The Board is authorized to accept any nominating petition 
for a candidate for any office as bona fide with respect to the qualifica-
tions of the signatories thereto if the original or facsimile thereof has 
been posted in a suitable public place for the ten-day period beginning 
on tlie forty-second day before the date of the election for such office. 
Any qualified elector may within such ten-day period challenge the 
validity of any petition by a written statement duly signed by the 
(challenger and filed with the Board and specifying concisely the 
alleged defects in such petition. Copy of such challenge shall be sent 
by the Board promptly to the person designated for the purpose in 
the nominating petition. 
"(2) The Board shall receive evidence in support of and in opposi-
tion to the challenge and shall determine the validity of the challenged 
nominating petition not more than eight days after the challenge has 
been filed. Within three days after announcement of the determination 
of the Board with respect to the validity of the nominating petition, 
either the challenger or any person named in the challenged petition 
as a nominee may apply to the District of Columbia Court of Appeals 
for a review of the reasonableness of such determination. The court 
shall expedite consideration of the matter and the decision of such 
court shall be final and not appealable. 
" (k) In any election, the order in which the names of the candidates 
for office appear on the ballot shall be determined by lot, upon a date 
or dates and under regulations prescribed by the Board." 
(6) Section 9 of such Act (D.C. Code, sec. 1-1109) is amended— 
(A) by striking out "for electors of President and Vice Presi-
dent" in the second sentence of subsection (b); and 
82 STAT. ] 
PUBLIC LAW 90-292-APR. 22, 1968 
lOJ 
(B) by striking out "Municipal O u r t for the District of 
Columbia'' in subsection (e) and niserting "District of Columbia 
Court of General Sessions". 
(7) Section 10 of such Act (D.C. Code, sec. 1-1110) is amended— 
(A) by striking out the second and third sentences of paragraph 
(1) of subsection (a) and the second sentence of paragraph (2) 
of such subsection; 
(B) by adding at the end of subsection (a) the folloAving new 
paragraphs: 
" (3) The first general election for members of the Board of Educa-
lion shall he held on November 5,1968, and thereafter on the Tuesday 
next after the first Monday in November of each odd-numbered 
calendar year. 
"(4) (A) If in a general election for members of the Board of 
Education no candidate for the office of member from a ward, or no 
candidate for the office of member elected at large (where only one 
at-large position is being filled at such election), receives a majority 
of the votes validly cast for such office, a runoff election shall be held 
on the twenty-first day next following such election. The candidate 
receiving the highest number of votes in such runoff election shall be 
declared elected. 
"(B) When more than one office of member elected at large is being 
filled at such a general election, the candidates for such offices who 
receive the highest number of votes shall be declared elected, except 
that no candidate shall be declared elected who does not receive a 
majority of the number of all votes cast for candidates for election at 
large in such election divided by the number of at-large offices to be 
filled in such election. Where one or more of the at-large positions 
remains unfilled, a runoff election shall be held as provided in sub-
paragraph (A) of this paragraph, and the candidate or candidates 
receiving the highest number of votes in such runoff election shall be 
declared elected. 
"(C) Where a vacancy in an unexpired term for an at-large position 
is being filled at the same general election as one or more full term 
at-large positions, the successful candidate or candidates with the 
highest number of votes in the general election, or in the runoff election 
if a runoff election is necessary, shall be declared elected to the full 
tenn position or positions, provided that any candidate declared elected 
at the general election shall for this purpose be deemed to have received 
a higher number of votes than any candidate elected in the runoff 
election. 
"(D) The Board may resolve any tie vote occurring in an election 
governed by this paragraph by requiring the candidates receiving the 
tie vote to cast lots at such time and in such manner as the Board may 
prescribe. 
"(5) In the case of a runoff election for the office of member of the 
Board of Education elected at large, the candidates in such runoff 
election shall be those unsuccessful candidates, in number not more 
than one more than the number of such offices to be filled, who in the 
general election next preceding such runoff election received the 
highest number of votes less than a majority. In the case of a runoff 
election for the office of member of the Board of Education from a 
ward, the runoff election shall be held in such ward, and the two 
candidates who in the general election next preceding such runoff 
election received respectively the highest number and the second 
highest number of votes validly cast in such ward or who tied in 
receiving the highest number of such votes shall run in such runoff 
election. If in any case (other than the one described in the preceding 
.sentence) a tie vote must be resolved to determine the candidates to run 
Elections. 
69 Stat. 702; 
75 Stat. 819. 
Runoffs. 
106 
PUBLIC LAW 90-292-APR. 22, 1968 
[82 STAT. 
69 Stat. 702. 
D.C. Code 1-
1110. 
Vacancies. 
69 Stat. 703. 
Dual nomina-
.ons, prohibition. 
Citation of act. 
in any runoff election, the Board may resolve such tie vote by requiring 
the candidates receiving the tie vote to cast lots at such time and in such 
manner as the Board may jjrescribe. 
"(6) If any candidate withdraws (in accordance with such rules 
and time limits as the Board shall prescribe) from a runoff election 
held to select a member of the I^oard of Education or dies before the 
date of such election, the candidate who received the same number 
of votes in the general election next preceding such runoff election as 
a candidate in sucli runoff' election or who received a number of votes in 
such general election which is next highest to the number of votes in 
such general election received by a candidate in the runoff election and 
A\ho is not a candidate in such runoff' election shall be a candidate in 
such runoff election. The resolution of any tie necessary to determine 
the candidate to fill the vacancy caused by such withdrawal or death 
shall be resolved by the Board in the .same manner as ties are resolved 
underi^aragraph (5).'-
(C) by amending subsection (b) to read as folloM's: 
"(b) All elections prescribed by this Act shall be conducted by the 
l^oard in conformity with the provisions of this Act. In all elections 
held pursuant to this Act the polls shall be open from 8 o'clock ante-
meridian to 8 o'clock postmeridian. Candidates receiving the highest 
number of votes in elections held pursuant to this Act, other than 
general elections for members of the Board of Education, shall be 
declared the winners."; 
(D) by inserting after "In the case of a tie'' in subsection (c) 
the following: "vote in any election other tlmn an election for 
members of the Board of Education,"; 
(E) by inserting after "official" in subsection (d) the following: 
", other than a member of the Board of Education,"; and 
(F) by adding at the end thereof the following new subsection: 
" (e) Whenever a vacancy occurs in the office of member of the Board 
of Education, such vacancy shall be filled at the next general election 
for members of the Board of Education which occurs more than 
ninety-nine days after such vacancy occurs. However, the Board of 
Education shall appoint a person to fill such vacancy until the unex-
pired term of the vacant office ends or until tlie fourth Monday in 
January next following the date of the election of a person to serve 
the remainder of such unexpired term, whichever occurs first. A 
person elected to fill a vacancy shall hold office for the duration of the 
unexpired term of office to which he was elected. Any person appointed 
under this subsection shall have the sjime qualifications for holding 
such office as were required of his immediate predecessor." 
(8) The first sentence of section 11(b) of such Act (D.C. Code, sec. 
1-1111 (b)) is amended by striking out "the United States District 
Court for the District of Columbia" and inserting in lieu thereof "the 
District of Columbia Court of Appeals". 
(9) The following new sections shall be added at the end of such Act: 
"SEC. 15. No person shall be a candidate for more than one office on 
the Board of Education in any election for members of the Board of 
Education. If a person is nominated for more than one such office, he 
shall, within three days after the Board has sent him notice that he has 
been so nominated, designate in writing the office for which lie wishes 
to run, in which case he will be deemed to have withdraw-n all other 
nominations. In the event that such person fails within such three-day 
period to file such a designation witli the Board, all such nominations 
of such person shall be deemed withdraw^n. 
"SEC. 16. This Act may be cited as the 'District of Columbia Election 
Act'." 
82 STAT. ] 
PUBLIC LAW 90-293-APR. 25, 1968 
107 
COORDINATIOX WITH THE DISTRICT OF COLUMBIA GOVERNMENT 
SEC. 5. (a) The Board of Education and the Commissioner of the 
District of Columbia shall jointly develop procedures to assure the 
maximum coordination of educational and other municipal programs 
and services in achieving the most effective educational .system and 
utilization of educational facilities and services to serve broad com-
munity needs. Such procedures shall cover such matters as— 
(1) design and construction of educational facilities to accom-
modate civic and community activities such as recreation, adult 
and vocational education and training, and other community pur-
poses ; 
(2) full utilization of educational facilities during nonschool 
hours for community purposes; 
(3) utilization of municipal services such as police, sanitation, 
recreational, maintenance services to enhance the effectiveness and 
stature of the school in the community; 
(4) arrangements for cost-sharing and reimbursements on 
school and community programs involving utilization of educa-
tional facilities and services; and 
(5) other matters of mutual interest and concern. 
(b) The Board of Education may invite the (Commissioner of the 
District of Columbia or his designee to attend and participate in 
meetings of the Board on matters pertaining to coordination of educa-
tional and other municipal programs and services and on such other 
matters as may be of mutual interest. 
EFFECTIVE DATE AND TERMINATION OF OFFICE 
SEC. 6. (a) The amendments made by this Act shall take effect on 
May 15,1968, except that— 
(1) the Board of Education of the District of Columbia, 
appointed under the Act of June 20, 1906 (as in effect on the date 
of the enactment of this Act), shall continue to exercise the pow-
ers, functions, duties vested in it under such Act (as in effect on 
such date); 
(2) vacancies in such Board shall be filled by appointment in 
accordance with such Act (as in effect on such date); and 
(3) the members of such Board appointed under such Act (as 
in effect on such date) shall continue m office; 
until such time as at least six of the members first elected to the Board 
of Education (under such Act as amended by this Act) take office. 
Approved April 22, 1968. 
34 Stat. 316. 
D.C- Code 31-
101 et seq. 
Public Law 90-293 
AN A C T 
^p^jl 25,1968 
To grant the masters of certain United States vessels a lien on those vessels for 
[H.R. 14401] 
their wages. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled, That (a) the master 
of a vessel documented, registered, enrolled, or licensed under the laws 
of the United States shall have the same lien for his wages against such 
vessel and the same priority as any other seaman serving on such vessel. 
(b) Sections 4546 and 4547 of the Revised Statutes of the United 
States (46 U.S.C. 603 and 604) shall not apply in any proceeding 
brought by a master for the enforcement of the lien granted by this 
section. 
Vessels. 
Masters' liens 
for wages.