DC Code § 38-2803 (2021)
2021 District of Columbia Code|Title 38 - Educational Institutions|Chapter 28 - School-Based Budgeting and Accountability|Subchapter I - General Provisions|§ 38-2803. Multiyear Facilities Master Plan

(a)(1) Beginning on December 15, 2017, and every 10 years thereafter, the Mayor shall prepare and submit to the Council for its review and approval a comprehensive 10-year Master Facilities Plan for public education facilities, along with a proposed resolution, in accordance with this section. If approved by the Council, the 10-year Master Facilities Plan shall take effect on the first day of the succeeding fiscal year. (2) The Council shall conduct at least one public hearing on the proposed 10-year Master Facilities Plan before approval. (3) If, subsequent to Council approval of the 10-year Master Facilities Plan, material changes to the plan become necessary, the Mayor may modify the plan; provided, that any modification shall be submitted to the Council for review and approval along with the Mayor’s annual submission of a capital budget recommendation for public schools. (b)(1) The Mayor shall establish an Office of Public Education Facilities Planning (“OPEFP”) within the Office of the Deputy Mayor for Education responsible for the development of the Master Facilities Plan, which shall function as a citywide public education facilities plan. (1A) Repealed. (2) The OPEFP shall include in the Master Facilities Plan detailed, current analyses and data on: (A) The facilities condition assessment for each school building and facility under the control and jurisdiction of the District of Columbia Public Schools ("DCPS") and each public charter school campus; (B) The capacity of existing schools, current level of utilization, projected 10-year facility needs for each local education agency, and recommendations for the utilization or reduction of excess space, including, as appropriate, specific recommendations on: (i) Consolidation; (ii) Closure;  (iii) Co-location; and (iv) DCPS school attendance zone boundaries; (C) Historical and projected enrollment for each DCPS school and public charter school; (D) Current and projected demographic information for the surrounding neighborhood; (E) Other neighborhood issues, in coordination with the Office of Planning; (F) A school-by-school description relating facility needs and requirements to: (i) The facility’s programmatic usage with specific linkages and relationships to adopted education plans of a local education agency, school district, or institution, including specific plans for special education, early childhood education, and career and technical education programs; and (ii) The statewide education and youth development plan described in § 38-191, and how it enables schools to be centers of the community; (G) A detailed facility portfolio analysis that will inform any decisions related to alternative financing options, including public/private development partnerships and co-location opportunities; (H) A communications and community involvement plan for each neighborhood cluster that includes engagement of students, school-based personnel, parents, and key stakeholders throughout the community, including: (i) Advisory Neighborhood Commissions; (ii) Local school advisory teams; (iii) School improvement teams; and (iv) Ward-based and city-wide volunteer civic groups; (I) The coordination of the District’s education sector with the District's housing sector and with economic development policies and plans; (J) The location, planning, use, and design of the District’s educational facilities and campuses; (K) Any school disposition, including a plan delineating the process through which citizen involvement shall be facilitated, and establishing the criteria that will be utilized in disposition decisions, one of which shall be consideration of the impact of any proposed new use of a school building on the neighborhood in which the school building is located; and (L) A safety and security assessment of educational facilities based upon a comprehensive examination of the facility's physical environment for crime vulnerabilities, including an analysis of: (i) Surveillance capabilities, both active and passive; (ii) Access control, including the ability to securely manage who enters and exits the facility; and (iii) Facility maintenance. (2A) Beginning on December 15, 2014, and every year thereafter, the OPEFP shall prepare and make publicly available an annual supplement to the Master Facilities Plan that includes: (A) Results of the Department of General Services annual survey as set forth in paragraph (3)(E) of this subsection; (B) Updated information on: (i) Enrollment projections at the local education agency level and the individual school level for both DCPS and public charter schools; and (ii) Facility needs for each local education agency; (C) A plan, including co-location options, to increase utilization at any school facility in use by DCPS with a utilization rate of less than 50%; (D) A plan to ensure that each school facility in use by DCPS that is at 95% utilization or above does not suffer from overcrowding but can sufficiently meet the facility and academic needs of it students; and (E) Each school facility's designation as one or more of the following: (i) In use primarily for classroom instruction; (ii) In use primarily for swing space; (iii) In use primarily for DCPS administrative purposes, including storage; (iv) In use by an entity other than DCPS; (v) Vacant; or (vi) Significantly underused. (3) The following agencies shall work with the OPEFP in the development of the Master Facilities Plan and the annual supplement: (A) The District of Columbia Public Schools, which shall transmit to the OPEFP: (i) Educational plans and policies relevant to the facilities planning process; (ii) Educational specifications for each facility subject to modernization; (iii) Its 10-year enrollment projections for each school under its jurisdiction; and (iv) Its 10-year projections of facility needs; (B) The Public Charter School Board, which shall: (i) Collect and transmit to the OPEFP educational plans and policies of individual public charter schools, 10-year enrollment growth plans, data on existing public charter school facilities and each public charter LEA's 10-year projection of facility needs, and other information considered relevant to the planning process; and (ii) Establish a Public Charter School facilities registry in which individual public charter schools will have the opportunity to register to receive facilities planning and technical support from the OPEFP, including the analyses and data compiled pursuant to paragraph (2) of this subsection; (C) The Office of Planning, which shall provide demographic and neighborhood data support; (D) Repealed. (E) The Department of General Services, which shall: (i) Implement the Master Facilities Plan consistent with the policy priorities set forth in this subchapter; and (ii) In collaboration with the Deputy Mayor for Education, DCPS, and the Public Charter School Board, conduct an annual survey to update information on the condition of each DCPS and public charter school facility, including whether each facility has a working carbon monoxide detector, the results of the most recent water tests at each facility for sources of lead, and potential asbestos hazards at each facility. The survey results shall be disaggregated by facility, made publicly available, and transmitted to OPEFP. (4) Of the fiscal year 2011 capital funds appropriated to the Office of Public Education Facilities Modernization, it shall transfer: (A) Up to $500,000 to the Office of the Deputy Mayor for Education to support capital planning pursuant to subsection (b)(1) of this section; and (B) An amount of $100,000 to the District of Columbia Public Schools and $100,000 to the Public Charter School Board to support capital planning activities as provided in paragraph (3) of this subsection. (5) The Mayor may levy a fine against the Public Charter School Board for the failure of a public charter LEA to cooperate in providing the data required pursuant to paragraph (3)(E)(ii) of this subsection for the development of the Master Facilities Plan and annual supplement. The cumulative value of such fines shall not annually exceed $10,000. (c) In developing the Facilities Master Plan, the Mayor shall consider the facilities needs of all public school students and shall consult with: (1) The Council; (2) Repealed. (3) The Public Charter School Board; (4) Representatives of public charter schools;  (5) Repealed; (6) Key stakeholders throughout the community; (7) The Office of Planning; (8) The Department of General Services; and (9) The District of Columbia Public Schools. (c-1) The Master Facilities Plan shall not affect the duties, powers, or control afforded to public charter schools under § 38-1802.04, to the extent the Master Facilities Plan is inconsistent with that law. (d)(1) Beginning in Fiscal Year 2017, a Public School Facility capital improvement plan (“School Facility CIP”) shall be updated each fiscal year as part of the Mayor’s capital improvement plan for all public facilities, as required by § 1-204.44. (2) The School Facility CIP shall include: (A) A description of guiding principles to frame decisions within the School Facility CIP; provided, that these guiding principles shall be revisited with each new School Facility CIP to ensure that they are consistent with the DCPS strategic plan, the Master Facilities Plan, and the needs of the community; (B) A description of the process and timeline used to develop the School Facility CIP, including community engagement; (C) A longitudinal and future analysis of DCPS student enrollment and school facility capacity needs; (D) School-specific project recommendations on the timing and funding for modernization of existing school facilities, new school facility construction, and other school facility capital improvements planned for the next fiscal year and the succeeding 5 fiscal years; and (E) For each project identified pursuant to subparagraph (D) of this paragraph: (i) A description of the scope of work to be done, schedule of achieved and projected major milestones, and an explanation for any delay in meeting projected milestones; (ii) A justification for the modernization, new construction, or other capital improvements supported by the educational specification, student enrollment projections, school facility condition assessment, and assessment of need for use as an educational facility; (iii) A full-funded cost estimate of improvements, except that for projects slated for modernization, new construction, or other capital improvements in years 4 through 6 of the School Facility CIP, the School Facility CIP may include rough order of magnitude estimates of improvements based on the required general design and feasibility analysis completed pursuant to paragraph (4)(C) of this subsection; (iv) A cost estimate of improvements planned for the next fiscal year and the succeeding 5 fiscal years and a detailed explanation for any proposed increases over 10% from the prior-year School Facility CIP estimate; (v) The estimated cost of annual maintenance and operations of the improved school facility; (vi) The lifetime expenditure for the school facility; and (vii) The name, address, and ward of each school facility. (3)(A) Major construction and capital improvements for existing school facilities shall be prioritized for inclusion in the School Facility CIP based on certain objective criteria contained in this paragraph. (B)(i) By September 30, 2017, and every 5 years thereafter, DCPS shall calculate a final prioritization score for each school facility in its portfolio by assigning each facility a score from one to 10 based on the normal distribution of the raw data obtained for every school facility in each of the following subcategories, multiplying that score by the subcategory weight as follows, and summing the weighted subcategory scores for each school facility:  Category Category Total Subcategory Subcategory Weight Facility Condition 0.55 Date and type of last major construction through the preceding fiscal year 0.20 Expenditures for major construction projects for the preceding 10 fiscal years per square feet of the school facility 0.15 School facility condition score based on the most recent assessment completed by the Department of General Services 0.20 Demand 0.20 Average percentage of the school’s enrollment growth over the past 5 school years based on audited enrollment 0.10 Average percent of school facility’s building utilization over the past 5 school years 0.10 Community Need 0.10 Number of in-boundary children who would be served by the school facility’s educational program divided by the school facility’s capacity 0.05 Projected percent change in the number of children who would be served by the school facility’s educational program in the neighborhood cluster over a prospective 6-year time period 0.05 Equity 0.15 Total number of square feet in the school’s feeder pattern that have had a major construction in the preceding 10 fiscal years divided by total square footage of the feeder pattern 0.05 Number of at-risk students enrolled in the school based on the current school year enrollment projection 0.10 (ii) For a school that is considered citywide for the purposes of the enrollment lottery, the entire District shall be considered the school's boundary and neighborhood cluster. (iii) For a high school that is considered citywide for the purposes of the enrollment lottery, the feeder pattern shall be all other citywide high schools. (C) By September 30, 2017, and every 5 years thereafter, DCPS shall transmit to the Council all of the prioritization scores and raw data, and shall make the information publicly available online. (D) In addition to the prioritization score based on criteria outlined in subparagraph (B) of this paragraph, DCPS shall consider the following factors when determining the prioritization and inclusion of projects in the School Facility CIP: (i) Availability of capital funding in the budget; (ii) Availability of appropriate swing space; (iii) Immediate life and safety concerns; (iv) Need for additional planning for a project; (v) New education program space requirements; and (vi) Scope and sequence of projects due to planned grade configuration changes, boundary changes, school facility consolidations, or school facility closures. (E) Within 180 days of the release of the prioritization data pursuant to subparagraph (C) of this paragraph, DCPS shall conduct at least 3 public meetings to discuss school facility modernizations. DCPS shall conduct explicit outreach with the parent and school community for each school facility project likely to be added, removed, or extensively modified in the next fiscal year's 6-year School Facility CIP. (4) Before adding a school or other education facility project to a School Facility CIP, the project shall have the following completed: (A) An educational specification approved by DCPS; (B) A rough order of magnitude estimate, except that for projects slated for modernization, new construction, or other capital improvements in years one through 3 of the School Facility CIP, the project shall have a full-funded cost estimate of improvements; and (C) A general design and feasibility analysis that is developed with parent, school, and community engagement and is made publicly available, which includes the following: (i) An analysis of educational programming needs as they relate to the current or projected school facility; (ii) An evaluation of whether the existing building and site conditions can accommodate the educational specification and programming needs; and (iii) An evaluation of whether swing space on-site or off-site will be needed. (e)(1) Within 30 days of the release of the annual supplement to the Master Facilities Plan as required by subsection (b)(2A) of this section, the District shall: (A) Determine which school facilities will be designated as excess; and (B) Make a list of these properties, and those deemed excess pursuant to paragraph (2) of this subsection, publicly available on its website. (2) Unless written justification is made publicly available at the time of the publication of the list as required in paragraph (1) of this subsection based on projected operational needs of DCPS or another District agency, a school facility shall be automatically deemed excess if it has been designated in the annual supplement to the Master Facilities Plan as: (A) Vacant; or (B) Significantly underused for 2 consecutive years.  (Mar. 26, 1999, D.C. Law 12-175, § 1104, 45 DCR 7193; Oct. 20, 2005, D.C. Law 16-33, § 4047, 52 DCR 7503; June 8, 2006, D.C. Law 16-123, § 221, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1009, 54 DCR 4102; Mar. 3, 2010, D.C. Law 18-111, § 4071, 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 4122, 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 4012, 59 DCR 8025; June 21, 2014, D.C. Law 20-114, § 3(b), 61 DCR 4669; May 2, 2015, D.C. Law 20-271, § 316, 62 DCR 1884; Feb. 18, 2017, D.C. Law 21-219, § 2(b), 63 DCR 16023; Nov. 26, 2019, D.C. Law 23-33, § 4, 66 DCR 13152; Aug. 21, 2021, D.C. Law 24-20, § 3, 68 DCR 006918.)  Prior Codifications 1981 Ed., § 31-153. Section References This section is referenced in § 1-325.44 and § 38-1805.52. Effect of Amendments D.C. Law 16-33 substituted “June 30, 2006” for “December 31, 1998”; and deleted “There shall be a moratorium on disposition decisions until the facilities plan has been approved by the Council.” D.C. Law 16-123, designated the existing text as subsec. (a); in subsec. (a), substituted “multiyear Facilities Master Plan, which shall include” for “Long Range Master Facilities Plan which shall include annual updates to the facilities plan, as well as”; and added subsecs. (b), (c), and (d). D.C. Law 17-9 rewrote subsecs. (a), (b)(1), (c), and (d). D.C. Law 18-111 rewrote the section. D.C. Law 18-223 rewrote subsec. (b). The 2012 amendment by D.C. Law 19-168 rewrote (a); added (b)(1A) and (b)(2)(K); and made related changes. The 2014 amendment by D.C. Law 20-114 repealed (b)(1)(A); added “projected 5-year facility needs for each local education agency” in (b)(2)(B); made minor stylistic changes in (b)(2)(J) and (b)(2)(K); and added (b)(2)(L) and (b)(2A); added “and the annual supplement” in the introductory language of (b)(3); rewrote (b)(3)(A); in (b)(3)(B)(i), substituted “Collect and transmit” for “Transmit” and added “5-year enrollment growth plans”; made minor stylistic changes in (b)(3)(C) and (b)(3)(D); and added (b)(3)(E) and (e). The 2015 amendment by D.C. Law 20-271 repealed (c)(5) and made a related change. Applicability Applicability of D.C. Law 24-20: § 6(b) of D.C. Law 24-20 provided that the change made to this section by § 3 of D.C. Law 24-20 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Section 7025 of D.C. Law 22-33 repealed § 3 of D.C. Law 21-219. Therefore the changes made to this section by D.C. Law 21-219 have been implemented.  Applicability of D.C. Law 21-219: § 3 of D.C. Law 21-219 provided that the change made to this section by § 2(b) of D.C. Law 21-219 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see § 4 of Wells School Designation and Master Facilities Plan Disapproval Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-153, Oct. 30, 2019, 66 DCR 14362).   For temporary (90 days) amendment of this section, see § 4 of Wells School Designation and Master Facilities Plan Disapproval Emergency Amendment Act of 2019 (D.C. Act 23-108, July 30, 2019, 66 DCR 9762).   For temporary (90 days) repeal of § 3 of D.C. Law 21-219, see § 7025 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) repeal of § 3 of D.C. Law 21-219, see § 7025 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 subchapter see notes to § 38-2801. For temporary (90-day) addition of Chapter 1B 1981 Ed., see notes following § 38-2801. For temporary (90 day) amendment of section, see § 4047 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). For temporary (90 day) amendment of section, see § 4011 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374). For temporary (90 day) amendment of section, see § 4071 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 § 4071 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) addition of section, see § 4112 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542). For temporary (90 day) amendment of section, see § 4122 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) approval of the 2013 Master Facilities Plan for public education facilities, see § 4082 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) approval of the 2013 Master Facilities Plan for public education facilities, see § 4082 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). For temporary (90 days) amendment of this section, see § 316 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, November 18, 2014, 61 DCR 12133, 20 STAT 4405). For temporary (90 days) amendment of this section, see § 316 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807). Short Title Short title: Section 4070 of D.C. Law 18-111 provided that subtitle H of title IV of the act may be cited as the “Master Facilities Plan and School Facility Capital Improvement Plan Reconciliation Amendment Act of 2009”. Short title: Section 4111 of D.C. Law 18-223 provided that subtitle L of title IV of the act may be cited as the “Master Facilities Plan Approval Act of 2010”. Short title: Section 4121 of D.C. Law 18-223 provided that subtitle M of title IV of the act may be cited as the “Office of Public Education Facilities Planning Establishment Amendment Act of 2010”. Section 4081 of D.C. Law 20-61 provided that Subtitle H of Title IV of the act may be cited as the “Public Education Master Facilities Plan Approval Act of 2013”. Editor's Notes Section 3 of D.C. Law 23-33 provided that notwithstanding subsection (a)(1) of this section, the DC Public Education Master Facilities Plan 2018, submitted by the Mayor to the Council of the District of Columbia on March 15, 2019, is disapproved.  Section 3 of D.C. Act 23-108 provided that notwithstanding subsection (a)(1) of this section, the DC Public Education Master Facilities Plan 2018, submitted by the Mayor to the Council of the District of Columbia on March 15, 2019, is disapproved.  Section 4112 of D.C. Law 18-223 provided: “Sec. 4112. (a) Pursuant to section 1104 of the School Based Budgeting and Accountability Act of 1998, approved March 26, 1999 (D.C. Law 12-175; D. C. Official Code § 38-2803), the following components of the Master Facilities Plan for the District of Columbia Public Schools for 2010, as submitted by the Mayor to the Council, on April 1, 2010 (‘2010 MFP’) are approved: “(1) All priorities, objectives, and methods of defining modernization, including the phased approach to elementary and middle schools; “(2) Demographics and Data; “(3) Plan Detail Narrative, including school-by-school detail, known as Mini-Master Plans; and “(4) The glossary of terms. “(b) The Schedule of modernization, including sequencing and project implementation timelines and the budget, including the 8-Year Master Facilities Plan Financial Projection and Scope of Work and Estimated Methodology in the 2010 MFP shall be adjusted pursuant to the Capital Improvement Plan Amendments for Public Education Facilities Act of 2010, passed on 2nd reading on June 15, 2010 (Enrolled version of Bill 18-731), and resubmitted by October 15, 2010, to the Council for review and approval.” Section 4082 of D.C. Law 20-61 provided that the Council approves the 2013 Master Facilities Plan for public education facilities submitted by the Mayor on March 28, 2013.