DC Code § 38-2908 (2021)
2021 District of Columbia Code|Title 38 - Educational Institutions|Chapter 29 - Uniform Per Student Funding Formula|Subchapter I - General|§ 38-2908. Facilities allowance for Public Charter Schools

 *NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*  (a) Except as provided in subsections (b), (b-1), and (b-2) of this section, the fiscal year facility allowance for Public Charter Schools shall be determined as follows: DCPS approved capital budget shall be divided by the previous school year (“SY”) DCPS total pupil count, as defined in § 38-2906, to determine the DCPS per pupil facility cost. (b) For fiscal year 2004 through fiscal year 2008, the facility allowance for Public Charter Schools shall be determined as described in subsection (a) of this section, except that the DCPS per pupil facility cost for all previous years shall be averaged with the current year’s DCPS per pupil facility cost to determine the Public Charter School per pupil facility allowance. The facility allowance shall then be multiplied by the number of students estimated to be attending each Public Charter School to determine the actual facility allowance payments to be received by each Public Charter School. For each year after FY 2004, this “moving average” shall only include the most recent 5-year’s DCPS per pupil facility cost. (b-1) For fiscal year 2009 , the per pupil facility allowance for Public Charter Schools shall be $3000. The facility allowance shall then be multiplied by the number of students estimated to be attending each Public Charter School to determine the actual facility allowance payments to be received by each Public Charter School. (b-2)(1) For Fiscal Years 2015 and 2016, the per pupil facility allowance for Public Charter Schools shall be $ 3072. (2) For Fiscal Year 2017 , the per pupil facility allowance for Public Charter Schools shall be $ 3100. (2A) For Fiscal Year 2018: (A) The non-residential per pupil facility allowance for Public Charter Schools shall be $ 3,193; and (B) The residential per pupil facility allowance for Public Charter Schools shall be $ 8,621. (2B) For Fiscal Year 2019, the per pupil facility allowance for Public Charter Schools shall be $ 3,263. (2C) For Fiscal Year 2020, the per pupil facility allowance for Public Charter Schools shall be $ 3,335. (2D) For Fiscal Years 2021, 2022, and 2023, the per pupil facility allowance for Public Charter Schools shall be $3,408. (3) The facility allowance set forth in paragraphs (1), (2), (2A), (2B), (2C), and (2D) of this subsection shall be multiplied by the number of students estimated to attend each Public Charter School to determine the actual facility allowance payments to be received by each Public Charter School.  Beginning with Fiscal Year 2024, and for each subsequent fiscal year, the per pupil facility allowance for Public Charter Schools shall be 3.1% greater than the previous fiscal year's per pupil facility allowance. The per pupil facility allowance shall be multiplied by the number of students estimated to attend each Public Charter School to determine the actual facility allowance payments to be received by each Public Charter School. (c) The entire annual payment for facilities shall be included in the first payment of the fiscal year and that any payment for new charter schools shall also be included in the first payment of the fiscal year. (d) For DCPS or Public Charter Schools that provide students with room and board in a residential setting, in addition to their instructional program, the facilities allowance determined pursuant to this section shall be multiplied by 2.7 for those students in residence at the school. (e) The facilities allowance shall only apply to students receiving instruction at a Public Charter School educational facility or as otherwise approved by the Office of the State Superintendent of Education.  (Mar. 26, 1999, D.C. Law 12-207, § 109, 45 DCR 8095; Oct. 1, 2002, D.C. Law 14-190, § 3402(e), 49 DCR 6968; Mar. 2, 2007, D.C. Law 16-192, § 4002(g), 53 DCR 6899; Aug. 16, 2008, D.C. Law 17-219, § 4016(d), 55 DCR 7598; Mar. 3, 2010, D.C. Law 18-111, § 4011, 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 4022(e), 57 DCR 6242; Feb. 26, 2015, D.C. Law 20-155, § 4082, 61 DCR 9990; Dec. 13, 2017, D.C. Law 22-33, § 4002(d), 64 DCR 7652; Aug. 23, 2021, D.C. Act 24-159, § 4002(g), 68 DCR 008602.)  Prior Codifications 1981 Ed., § 31-2908. Section References This section is referenced in § 38-2906.02. Effect of Amendments D.C. Law 14-190 rewrote the section. D.C. Law 16-192 added subsec. (d). D.C. Law 17-219, in subsec. (a), inserted “Except as provided in subsections (b) and (b-1) of this section,”; in subsecs. (b), substituted “fiscal year 2004 through fiscal year 2008” for “FY 2004 and succeeding fiscal years”; and added subsecs. (b-1) and (e). D.C. Law 18-111, in subsec. (b-1), substituted “$2,800” for “$3,109”. D.C. Law 18-223, in subsec. (b-1), substituted “$3000” for $2800“. The 2015 amendment by D.C. Law 20-155 added (b-2). Emergency Legislation  For temporary (90 days) amendment of this section, see § 4002(g) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) amendment of this section, see § 4002(d) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) limitation to the Fiscal Year 2018 increase to the Uniform Per Student Funding Formula foundation level over the Fiscal Year 2017 foundation level to be used in Fiscal Year 2018 to satisfy compensation terms required by a collective bargaining agreement that becomes effective in Fiscal Year 2018, see § 201(b) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).   For temporary (90 days) amendment of this section, see § 4002(d) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  For temporary addition of chapter, see note to § 38-2901. For temporary (90-day) amendment of section, see § 2(a) of Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Emergency Amendment Act of 1999 (D.C. Act 13-152, December 1, 1999, 46 DCR 10395). For temporary (90-day) amendment of section, see § 2(b) of the Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-282, March 7, 2000, 47 DCR 2026). For temporary (90 day) amendment of section, see § 2(b) of the Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Emergency Amendment Act of 2000 (D.C. Act 13-456, November 7, 2000, 47 DCR 9418). For temporary (90 day) amendment of section, see § 2(f) 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 Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-17, March 16, 2001, 48 DCR 2687). For temporary (90 day) amendment of section, see § 2(f) 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). For temporary (90 day) amendment of section, see § 3302(e) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026). For temporary (90 day) amendment of section, see § 4002(g) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see § 4002(g) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see § 4002(g) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). For temporary (90 day) amendment of section, see § 4011 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 4011 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). For temporary (90 day) amendment of section, see § 4022(e) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542). For temporary (90 days) amendment of this section, see § 4082 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 § 4082 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 § 4082 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). Temporary Legislation  For limitation on use of funds to satisfy compensation terms required by a collective bargaining agreement,see section 4003 of D.C. Law 22-33.  Section 2(a) of D.C. Laws 13-067 added subsec. (f) to read as follows: “(f) For DCPS or Public Charter Schools that provide students with room and board in a residential setting, in addition to their instructional program, the facilities allowance determined pursuant to this section shall be multiplied by 2.7 for those students in residence at the school.”. Section 3(b) of D.C. Laws 13-067 provided that the act shall expire after 225 days of its having taken effect. Section 2(b) of D.C. Law 13-227 added subsec. (f) to read as follows: “(f) For DCPS or Public Charter Schools that provide students with room and board in a residential setting, in addition to their instructional program, the facilities allowance determined pursuant to this section shall be multiplied by 2.7 for those students in residence at the school.” Section 5(b) of D.C. Law 13-227 provided that the act shall expire after 225 days of its having taken effect. Section 2(f) of D.C. Law 13-262 amended this section to read as follows: “(a)(1) The annual facility allowance for Public Charter Schools shall be determined as follows: Starting with FY 1998, the total funds being estimated from all sources for each year’s DCPS capital improvement program shall be divided by the October DCPS pupil count, as defined in section 107, for the same fiscal year to determine the DCPS per pupil facility cost for that year. “(2) Each year’s DCPS per pupil facility cost shall be averaged with those of prior years to calculate a moving average until a total of 5 years are included in the calculations. Thereafter, the calculations shall include the most recent 5 years. This moving average shall constitute the per pupil facility allowance for the succeeding fiscal year, to be paid as prescribed in paragraph (1) of this subsection. 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(f) of D.C. Law 14-6 amended this section to read as follows: “(a)(1) The annual facility allowance for public charter schools shall be determined as follows: Starting with FY 1998, the total funds being estimated from all sources for each year’s DCPS capital improvement program shall be divided by the October DCPS pupil count, as defined in section 107, for the same fiscal year to determine the DCPS per pupil facility cost for that year. “(2) Each year’s DCPS per pupil facility cost shall be averaged with those of prior years to calculate a moving average until a total of 5 years are included in the calculations. Thereafter, the calculations shall include the most recent 5 years. This moving average shall constitute the per pupil facility allowance for the succeeding fiscal year, to be paid as prescribed in this subsection. “(b) If supplemental funds for the capital improvement program are received by DCPS during any given fiscal year, the total of those supplemental funds shall be added to that fiscal year’s capital improvement program in determining that year’s DCPS per pupil facility cost in the next fiscal year’s calculations of the moving average.” 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. Short Title Short title: Section 4010 of D.C. Law 18-111 provided that subtitle B of title IV of the act may be cited as the “Charter School Facilities Allotment Reform Amendment Act of 2009”. Editor's Notes  For limit to use of increase to Uniform Per Student Formula foundation level, see section 203(a) of D.C. Law 22-124.   For the intent to increase funding for instructional staffing and support and prohibition on use of funding, see section 4003 of D.C. Law 22-33.