DC Code § 38-2902 (2021)
2021 District of Columbia Code|Title 38 - Educational Institutions|Chapter 29 - Uniform Per Student Funding Formula|Subchapter I - General|§ 38-2902. Applicability of Formula

 *NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*  (a) The Formula shall apply to operating budget appropriations for District of Columbia resident students in DCPS and Public Charter Schools of the District of Columbia. The student count to which the Formula is applied shall not include students enrolled in private institutions providing special education services paid by the District of Columbia or to nonresident students subject to the requirement of paying tuition pursuant to Chapter 3 of this title. (b) The Formula shall apply only to operating budget appropriations from the District of Columbia General Fund for DCPS and for Public Charter Schools; except, that, for Fiscal Year 2022, the Formula shall not apply to funding allocated to a DCPS school to meet the requirement of § 38-2907.01(a)(2) that the school be provided with not less than 95% of its prior year allocation of Formula funds. It shall not apply to funds from federal or other revenue sources, or to funds appropriated to other agencies and funds of the District government. (c) The Formula shall apply only to Public Charter Schools until the DCPS student enrollment count is verified by an independent contractor who shall perform a census on the student enrollment of the DCPS. The count shall include the information provided in § 38-1804.02(b).  (Mar. 26, 1999, D.C. Law 12-207, § 103, 45 DCR 8095; Aug. 23, 2021, D.C. Act 24-159, § 4002(b), 68 DCR 008602.)  Prior Codifications 1981 Ed., § 31-2902. Emergency Legislation  For temporary (90 days) amendment of this section, see § 4002(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).  For temporary addition of chapter, see note to § 38-2901. For temporary (90 day) amendment of section, see § 2(b) of the Uniform Per Student Funding Formula Emergency Amendment Act of 2000 (D.C. Act 13-485, December 18, 2000, 48 DCR 20). For temporary (90 day) amendment of section, see § 2(b) of Uniform Per Student Funding Formula For Public Schools and Public Charter Schools Emergency Amendment Act of 2001 (D.C. Act 14-18, March 16, 2001, 48 DCR 2691). Temporary Legislation Section 2(b) of D.C. Law 13-262, rewrote this section to read as follows: “(a) The Formula shall apply to operating budget appropriations for District of Columbia resident students in DCPS and Public Charter Schools of the District of Columbia. The student count to which the Formula is applied shall not include students enrolled in private institutions providing special education services paid by the District of Columbia or to nonresident students subject to the requirement of paying tuition pursuant to 38-302 through 38-306. For purposes of adult education only, as defined in section 102(1), the Formula shall apply to the University of the District of Columbia (‘UDC’). “(b) The Formula shall apply only to operating budget appropriations from the District of Columbia General Fund for DCPS, for public charter schools, and for the adult education program of UDC Public Charter Schools. It shall not apply to funds from federal or other revenue sources, or to funds appropriated to other agencies and funds of the District government.” “(c) Repealed.” Section 4(b) of D.C. Law 13-262 provided that the act shall expire after 225 days of its having taken effect. Section 2(b) of D.C. Law 14-6, in subsec. (a), added the following to the end: “For purposes of adult education only, as defined in section 102(1), the Formula shall apply to the University of the District of Columbia (‘UDC’).”; in subsec. (b), substituted “, for public charter schools, and for the adult education program of UDC” for “and for”; and repealed subsec. (c). Section 4(b) of D.C. Law 14-6 provided that the act shall expire after 225 days of its having taken effect. See Historical and Statutory Notes following § 38-2901. Editor's Notes Section 4004 of D.C. Law 23-16 provided the following: "It is the intent of the Council that in the 2019-2020 school year, the Uniform Per Student Funding Formula funds that would have been allocated to Monument Academy Public Charter School should follow students who were enrolled in Monument Academy Public Charter School for the 2019-2020 school year to the District of Columbia public schools or public charter schools in which they ultimately enroll."