DC Code § 38-302 (2021)
2021 District of Columbia Code|Title 38 - Educational Institutions|Chapter 3 - Residency Requirement and Nonresident Tuition|§ 38-302. Tuition required of nonresidents; deposit of payments

 *NOTE: This section includes amendments by temporary legislation that will expire on December 1, 2021. To view the text of this section after the expiration of the emergency legislation, click this link: Permanent Version.*  (a) In the case of: (1) each adult who attends a public school of the District of Columbia and does not reside in the District of Columbia; and (2) each child who attends such a public school and does not have a parent, guardian, custodian, or other primary caregiver who resides in the District of Columbia, or is not an orphan; there shall be paid to the State Education Office the amount fixed by the State Education Office pursuant to subsection (b) of this section. (b) The amount which shall be paid with respect to each person subject to subsection (a) of this section shall be fixed by the State Education Office as the amount necessary to cover all expenses incurred by the District of Columbia public schools or public charter schools that are a result of each person’s use of a school’s services, as determined by § 38-2602, and in accordance with Chapter 29 of this title. Following the final determination of the amounts, the State Education Office shall publish the tuition rate determinations in the District of Columbia Municipal Regulations. (c) All non-resident tuition and fees collected under this section shall be deposited in the Student Residency Verification Fund established by § 38-312.02. (d) Notwithstanding the provisions of subsection (a) of this section, upon the submission of evidence satisfactory to the State Education Office that care, custody, and substantial support are supplied by the person or persons with whom a child is residing in the District of Columbia, and that the parent or guardian of such child is unable to supply such care, custody, and support, or that such child is self-supporting, such child shall be considered a resident of the District of Columbia for the purpose of school attendance and exempt from the requirement to pay tuition. (e) Notwithstanding the provisions of subsection (a) of this section, a child in the care and custody of the District pursuant to § 16-2320(a)(3) who, while attending a DCPS or public charter school, or while enrolled in a DCPS or public charter school and attending a non-public school or program pursuant to § 38-2561.03, ceases to be in that care and custody as a result of being placed in the permanent care and custody of a parent, guardian, or custodian who resides outside the District of Columbia shall be considered a resident of the District of Columbia for the purpose of school attendance and shall be exempt from the requirement to pay tuition for the period of time until the child completes the educational program offered at the school the child currently attends, if the child attends a DCPS or public charter school, or the remainder of the school year in which the change in care and custody occurs and through the end of the following school year, if the child is currently enrolled in a DCPS or public charter school and attending a non-public school or program pursuant to § 38-2561.03.  (Sept. 8, 1960, 74 Stat. 853, Pub. L. 86-725, § 2; Aug. 22, 1980, D.C. Law 3-82, § 2(a), (b), 27 DCR 2647; Oct. 21, 2000, D.C. Law 13-176, § 8(a), 47 DCR 6835; Mar. 13, 2004, D.C. Law 15-105, § 92, 51 DCR 881; Dec. 7, 2004, D.C. Law 15-205, § 4012(a), 51 DCR 8441; Sept. 14, 2011, D.C. Law 19-21, § 9055, 58 DCR 6226; Feb. 26, 2015, D.C. Law 20-155, § 4042, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 4022, 62 DCR 10905; Apr. 20, 2021, D.C. Law 24-1, § 2, 68 DCR 002629.)  Prior Codifications 1981 Ed., § 31-602. 1973 Ed., § 31-307. Section References This section is referenced in § 38-303, § 38-306, § 38-1800.02, § 38-2602, and § 38-2901. Effect of Amendments D.C. Law 13-176 authorized substitution of State Education Office for Board of Education where appearing in this section. D.C. Law 15-105, in subsecs. (b) and (c), substituted “State Education Office” for “Board” throughout. D.C. Law 15-205, in subsec. (a), substituted “parent, guardian, custodian, or other primary caregiver” for “parent or guardian”; and rewrote subsec. (b) which had read: “(b) The amount which shall be paid with respect to each person subject to subsection (a) of this section shall be fixed by the State Education Office as the amount necessary to cover the expense of tuition and cost of textbooks and school supplies used by such person; provided, that such amounts and changes in the amounts fixed by this subsection are set by the State Education Office in accordance with the provisions of § 2-505(a). Following the final adoption of such amounts, the State Education Office shall transmit a copy to the Mayor and a copy to the Council of the District of Columbia.” D.C. Law 19-21, in subsec. (c), substituted “revert to the unrestricted fund balance of the General Fund of the District of Columbia” for “be reserved as a restricted fund balance and used to provide authority to expend for subsequent years subject to the direction of the State Education Office; provided, that the base of the budget of the State Education Office shall be reduced by an amount equal to the estimated revenue from nonresident tuition for fiscal year 1981”. The 2015 amendment by D.C. Law 20-155 added (e). The 2015 amendment by D.C. Law 21-36 rewrote (c). Cross References Uniform per student funding formula, applicability to nonresident students, see § 38-2902. Emergency Legislation  For temporary (90 days) amendment of this section, see § 2 of Non-Public Student Educational Continuity and Homeland Security Fusion Center and Law Enforcement Authority Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-68, Apr. 14, 2021, 68 DCR 004911).   For temporary (90 days) amendment of this section, see § 2 of Non-Public Student Educational Continuity Emergency Amendment Act of 2021 (D.C. Act 24-9, Feb. 1, 2021, 68 DCR 001830).   For temporary (90 days) amendment of this section, see § 2 of Non-Public Student Educational Continuity Emergency Amendment Act of 2020 (D.C. Act 23-242, Mar. 2, 2020, 67 DCR 2533).  For temporary amendment of section, see § 2 of the Waiver of Tuition for Non-Resident Minor Children of Deceased or Incapacitated Parents Emergency Amendment Act of 1994 (D.C. Act 10-237, April 28, 1994, 41 DCR 2606). For temporary (90 day) amendment of section, see § 4012(a) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236). For temporary (90 day) amendment of section, see § 4012(a) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725). For temporary (90 days) amendment of this section, see § 4042 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see § 4042 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see § 4042 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). For temporary (90 days) amendment of this section, see § 4022 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). Temporary Legislation  For temporary (225 days) amendment of this section, see § 2 of Non-Public Student Educational Continuity Temporary Amendment Act of 2021 (D.C. Law 24-1, Apr. 20, 2021, 68 DCR 002629).   For temporary (225 days) amendment of this section, see § 2 of Non-Public Student Educational Continuity Temporary Amendment Act of 2020 (D.C. Law 23-104, June 17, 2020, 67 DCR 3941).