reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter IV - Students' Right to Home or Hospital Instruction › § 38–251.06. Delivery of home or hospital instruction

§ 38–251.06. Delivery of home or hospital instruction.
(a) An LEA shall begin delivering home or hospital instruction no later than 5 school days following an approval of an application for home or hospital instruction.
(b) An LEA shall provide a minimum number of hours per week of direct instruction for eligible students according to the medical certification of need.
(1) For eligible students absent on an intermittent or partial basis, the LEA may adjust the minimum required amount of direct instruction based on the student's schedule and amount of in-school instruction the student is expected to receive.
(2) For purposes of this subsection, the term "direct instruction" means instruction provided in-person by a home or hospital instructor or, with the consent of the parent, instruction provided by a home or hospital instructor via real-time videotelephony; provided, that an LEA may provide direct instruction via real-time videotelephony without the consent of the parent in the following circumstances:
(A) During a public health emergency;
(B) When the student has been diagnosed with a communicable disease;
(C) When a household member has been diagnosed with a communicable Disease, if the student is to receive instruction at home; or
(D) When the LEA determines safety concerns prevent the delivery of in-person services.
(c) An LEA shall develop a home and hospital instruction program that provides content aligned to that being provided in the student's classroom.
(d) To satisfy the provisions of this section, an LEA may:
(1) Employ staff to provide instructional services to a student;
(2) Contract with private providers to deliver instructional services;
(3) Contract with other LEAs to provide instructional services; or
(4) Combine any of the delivery options described in paragraphs (1) through (3) of this subsection.
(Mar. 16, 2021, D.C. Law 23-204, § 7, 67 DCR 14756.)
Applicability
Section 7201 of D.C. Law 24-45 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Section 7201 of D.C. Act 24-159 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Applicability of D.C. Law 23-204: § 12 of D.C. Law 23-204 provided that the creation of this section by § 7 of D.C. Law 23-204 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter IV - Students' Right to Home or Hospital Instruction › § 38–251.07. Attendance

§ 38–251.07. Attendance.
An LEA shall maintain a student receiving home or hospital instruction on the regular attendance roll and count the student as medically excused, except when a student is not available for home or hospital instruction, in which event the student may be counted absent.
(Mar. 16, 2021, D.C. Law 23-204, § 8, 67 DCR 14756.)
Applicability
Section 7201 of D.C. Law 24-45 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Section 7201 of D.C. Act 24-159 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Applicability of D.C. Law 23-204: § 12 of D.C. Law 23-204 provided that the creation of this section by § 8 of D.C. Law 23-204 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter IV - Students' Right to Home or Hospital Instruction › § 38–251.08. Healthcare institutions

§ 38–251.08. Healthcare institutions.
(a) A healthcare institution that admits a student approved to receive home or hospital instruction under this subchapter shall, consistent with its obligations under federal and state law, cooperate and coordinate with the student's LEA in providing such instruction to the student.
(b) Each healthcare institution referenced in subsection (a) of this section shall establish a point of contact to coordinate home or hospital instruction with the LEA.
(Mar. 16, 2021, D.C. Law 23-204, § 9, 67 DCR 14756.)
Applicability
Section 7201 of D.C. Law 24-45 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Section 7201 of D.C. Act 24-159 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Applicability of D.C. Law 23-204: § 12 of D.C. Law 23-204 provided that the creation of this section by § 9 of D.C. Law 23-204 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter IV - Students' Right to Home or Hospital Instruction › § 38–251.09. Transparency and accountability

§ 38–251.09. Transparency and accountability.
(a) Every LEA shall publish its written home and hospital instruction policyonline in a reader-friendly format and provide a copy of the home and hospital instruction policy to parents after a request for home or hospital instruction has been made.
(b) On an annual basis, each LEA shall report to OSSE approvals or denials to provide home or hospital instruction made, including the reasons for denial, the name of the individual who provided the medical certification of need, and the type of instruction delivered.
(c) Upon submission of an application for home or hospital instruction, the LEA shall require its home or hospital designee to provide the parent with a notice of their rights as they pertain to IDEA and Section 504, as appropriate.
(Mar. 16, 2021, D.C. Law 23-204, § 10, 67 DCR 14756.)
Applicability
Section 7201 of D.C. Law 24-45 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Section 7201 of D.C. Act 24-159 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Applicability of D.C. Law 23-204: § 12 of D.C. Law 23-204 provided that the creation of this section by § 10 of D.C. Law 23-204 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter IV - Students' Right to Home or Hospital Instruction › § 38–251.10. Rulemaking authority

§ 38–251.10. Rulemaking authority.
No later than 120 days after [insert applicability date], OSSE shall promulgate regulations to implement the provisions of this subchapter.
(Mar. 16, 2021, D.C. Law 23-204, § 11, 67 DCR 14756.)
Applicability
Section 7201 of D.C. Law 24-45 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Section 7201 of D.C. Act 24-159 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Applicability of D.C. Law 23-204: § 12 of D.C. Law 23-204 provided that the creation of this section by § 11 of D.C. Law 23-204 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2 - Compulsory School Attendance and Expulsion › Subchapter IV - Students' Right to Home or Hospital Instruction › § 38–251.11. Applicability. [Repealed]

§ 38–251.11. Applicability. [Repealed]
Repealed.
(Mar. 16, 2021, D.C. Law 23-204, § 12, 67 DCR 14756; Nov. 13, 2021, D.C. Law 24-45, § 7201, 68 DCR 010163.)
Applicability
Section 7201 of D.C. Law 24-45 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Section 7201 of D.C. Act 24-159 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Applicability of D.C. Law 23-204: § 12 of D.C. Law 23-204 provided that the creation of this section by § 12 of D.C. Law 23-204 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter I - Definitions; Administration; and Funding › § 38–271.03. Annual evaluation of the quality of current pre-k programs

§ 38–271.03. Annual evaluation of the quality of current pre-k programs.
(a) Within 30 days of July 18, 2008, the Mayor shall submit to the Council for its approval, a plan, including the name of a proposed independent evaluator, to evaluate pre-k programs in accordance with this section. Within 60 days of Council approval, the Mayor shall execute a contract with the approved evaluator.
(b) The approved evaluator shall perform a baseline quality assessment for a sampling of pre-k classrooms in each of the following sectors:
(1) District of Columbia Public Schools;
(2) Public charter schools; and
(3) CBOs.
(c) The evaluator shall collect baseline quality data to:
(1) Describe the overall program structure;
(2) Assess the language and literacy environment; and
(3) Assess the quality of instructional support, classroom climate, and classroom management.
(d) The evaluator’s data and analysis shall be used to:
(1) Provide an assessment of the level of quality of all sectors; and
(2) Serve as baseline data from which to develop benchmarks for ongoing quality assessment of the pre-k-education system.
(e) The Mayor shall submit to the Council by December 30 of each year, beginning in 2009, projected benchmarks by which to measure annual achievements within the pre-k-education system.
(July 18, 2008, D.C. Law 17-202, § 103, 55 DCR 6297; Dec. 13, 2017, D.C. Law 22-33, § 4145(a), 64 DCR 7652.)
Section References
This section is referenced in § 38-271.05.
Applicability
Section 4150 of D.C. Law 22-33 provided that the amendment made to this section shall apply as of June 27, 2017.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4145(a) 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) amendment of this section, see § 4145(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter I - Definitions; Administration; and Funding › § 38–271.04. Annual capacity audit

§ 38–271.04. Annual capacity audit.
The Mayor shall submit to the Council by December 30 of each year, beginning in 2008, a capacity audit of pre-k programs for all sectors, to be used by OSSE to determine the:
(1) Number of children for whom pre-k is not available and whose parents would send them to pre-k but for the lack of availability;
(2) Current capacity of all existing pre-k programs; and
(3) Manner in which Head Start programs are incorporated in the early care and education delivery system.
(July 18, 2008, D.C. Law 17-202, § 104, 55 DCR 6297; Dec. 13, 2017, D.C. Law 22-33, § 4145(b), 64 DCR 7652.)
Applicability
Section 4150 of D.C. Law 22-33 provided that the amendment made to this section shall apply as of June 27, 2017.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4145(b) 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) amendment of this section, see § 4145(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter I - Definitions; Administration; and Funding › § 38–271.05. Annual report to the Council

§ 38–271.05. Annual report to the Council.
(a) The Mayor shall submit to the Council by December 30 of each year, beginning in 2009, an annual report on the status of pre-k for all sectors, accompanied, in 2009, by the independent quality evaluation required by § 38-271.03, which shall include OSSE’s assessment of the:
(1) Annual achievements made as measured against the benchmarks developed the previous year;
(2) Number and success of the quality improvement plans implemented;
(3) Status of the monitoring, assessment, and accountability processes for all programs within the pre-k-education system; and
(4) Results of the current capacity audit of all pre-k programs.
(b) For the 2009 report, for which benchmarks would not have been submitted in the prior year, the annual achievements shall be measured using existing reliable data and that data shall be included, or an abstract thereof, in the evaluation.
(July 18, 2008, D.C. Law 17-202, § 105, 55 DCR 6297; Dec. 13, 2017, D.C. Law 22-33, § 4145(c), 64 DCR 7652.)
Section References
This section is referenced in § 38-271.07.
Applicability
Section 4150 of D.C. Law 22-33 provided that the amendment made to this section shall apply as of June 27, 2017.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4145(c) 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) amendment of this section, see § 4145(c) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Delegation of Authority
Delegation of Authority pursuant to Section 501 of the Pre-k Enhancement and Expansion Amendment Act of 2008, see Mayor’s Order 2009-44, March 27, 2009 ( 56 DCR 6872).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter I - Definitions; Administration; and Funding › § 38–271.06. Funding

§ 38–271.06. Funding.
(a) Local funding for pre-k programs shall not supplant any funding sources used prior to July 18, 2008, for education programs for children of pre-k age.
(b)(1)(A) For each provider that meets the high-quality standards established pursuant to this chapter, local funding shall be allocated in such a manner so that each provider receives:
(i) An amount equal to the per student funding formula, established pursuant to § 38-1804.01; and
(ii) A supplemental allocation equal to the supplemental allocation provided in § 38-2905.01 for each at-risk child enrolled in the provider's program.
(B) For the purposes of this paragraph, the term "at-risk" means a pre-K age child who is identified as one or more of the following:
(i) Homeless;
(ii) In the District's foster care system; or
(iii) Qualifies for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program.
(2) Local funding for a program under a quality-improvement plan may vary, in accordance with procedures established pursuant to § 38-271.02(b)(7).
(c)(1) The OSSE shall establish procedures for the local allocation of funds distributed pursuant to this section in the event that the amount appropriated is insufficient to fund all providers that meet the high-quality standards established by this chapter.
(2) From amounts appropriated under this section, OSSE may provide for all activities authorized by this chapter.
(July 18, 2008, D.C. Law 17-202, § 106, 55 DCR 6297; Aug. 1, 2017, D.C. Law 22-9, § 2, 64 DCR 5606.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter I - Definitions; Administration; and Funding › § 38–271.08. Early Childhood Development Facility Coordinators. [Not Funded]

§ 38–271.08. Early Childhood Development Facility Coordinators. [Not Funded]
Not Funded.
(July 18, 2008, D.C. Law 17-202, § 108; as added Oct. 30, 2018, D.C. Law 22-179, § 202(b), 65 DCR 9569.)
Applicability
Applicability of D.C. Law 22-179: § 301 of D.C. Law 22-179 provided that the creation of this section by § 202(b) of D.C. Law 22-179 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter II - Enhancement of Existing Pre-K Programs › § 38–272.02. Program audit requirement

§ 38–272.02. Program audit requirement.
(a) By July 2009, each pre-k program in the District shall have completed an evaluation, by an independent evaluator, and a financial audit to determine its standing in relation to the required HQ standards.
(b) Within 30 days of July 18, 2008, the Mayor shall submit to the Council for its approval, a plan, including the name of a proposed independent evaluator, to evaluate pre-k programs in accordance with this section. Within 60 days of Council approval, the Mayor shall execute a contract with the approved evaluator.
(c) The Mayor shall submit to the Council by September 30, 2009, the results of the program and financial audits.
(July 18, 2008, D.C. Law 17-202, § 202, 55 DCR 6297.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter II - Enhancement of Existing Pre-K Programs › § 38–272.04. Pre-k Program Assistance Grant Fund; establishment. [Repealed]

§ 38–272.04. Pre-k Program Assistance Grant Fund; establishment. [Repealed]
Repealed.
(July 18, 2008, D.C. Law 17-202, § 204, 55 DCR 6297; Sept. 14, 2011, D.C. Law 19-21, § 9061(b), 58 DCR 6226.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter III - Expansion to Universal Pre-k › § 38–273.01. Expansion to universal pre-k

§ 38–273.01. Expansion to universal pre-k.
(a) The OSSE shall conduct, by September 30th of each year, an evaluation of all pre-k programs to establish existing capacity.
(b) By September 2009, and every 5 years thereafter, the OSSE shall submit to the Mayor and the Council a 5-year strategic expansion plan, including an assessment of the number of children interested in attending pre-k and the District’s fiscal and physical capacity to accommodate them.
(c) Beginning in September 2009, and each year thereafter, OSSE shall submit to the Mayor and the Council an implementation plan for the following school year to expand pre-k to the maximum extent possible, but shall expand pre-k each year to accommodate a minimum of 15% of the unserved children, based on the strategic expansion plan, until pre-k programs are available to all children of pre-k age whose parents choose to send them to pre-k.
(d)(1) During the expansion to universal pre-k, OSSE shall use its best efforts to:
(A) Ensure that over a 5-year period a minimum of 25% of all new pre-k programs are operated by CBOs; and
(B) Maintain a balance of diversity among the children.
(2) For the purpose of this subsection, “diversity” means a mix of children:
(A) From families of different income levels;
(B) With, and without, disabilities or special needs; and
(C) Whose first language is, and is not, English.
(e) A pre-k program established following July 18, 2008, shall comply with the HQ standards, established pursuant to, respectively, §§ 38-271.02(b)(4) and 38-272.01(b), upon the effective date of the HQ standards.
(July 18, 2008, D.C. Law 17-202, § 301, 55 DCR 6297.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter III - Expansion to Universal Pre-k › § 38–273.02. Eligibility and priority for enrollment in pre-k

§ 38–273.02. Eligibility and priority for enrollment in pre-k.
(a) To be eligible for enrollment in pre-k, a child shall be a resident of the District and be of pre-k age, or become 3 years of age on or before September 30th of the program year.
(b) Except as provided in subsection (c) of this section, priority enrollment shall be first to children who live within the school’s attendance zone boundary, as established pursuant to law and regulation, if applicable, and then to children whose family income is between 130% and 250% of federal poverty guidelines, and to children whose family income is below 130% who are not served by existing programs.
(c) Enrollment for pre-k programs in District of Columbia Public Charter Schools shall be conducted according to the admission and enrollment provisions of § 38-1802.06.
(July 18, 2008, D.C. Law 17-202, § 302, 55 DCR 6297; Mar. 25, 2009, D.C. Law 17-353, § 306, 56 DCR 1117; Sept. 24, 2010, D.C. Law 18-223, § 4002, 57 DCR 6242.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the subsec. (b).
D.C. Law 18-223, in subsec. (b), substituted “Except as provided in subsection (c) of this section, priority enrollment” for “Priority enrollment”; and added subsec. (c).
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(f) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).
For temporary (90 day) amendment of section, see § 4002 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Temporary Legislation
Section 2(f) of D.C. Law 18-142, in subsec. (b), substituted “then, if applicable, to children” for “then to children”.
Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.
Short Title
Short title: Section 4001 of D.C. Law 18-223 provided that subtitle A of title IV of the act may be cited as the “Pre-k Enrollment Amendment Act of 2010”.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter III - Expansion to Universal Pre-k › § 38–273.03. Restriction on out-of-school discipline for pre-k age students

§ 38–273.03. Restriction on out-of-school discipline for pre-k age students.
(a) Beginning in school year 2015-2016, no student of pre-k age may receive a disciplinary unenrollment, as defined in § 38-236.01(3), from any publicly funded community-based organization, school in the District of Columbia Public Schools system, or public charter school that provides pre-k care and education services to pre-k age children.
(b) Beginning in school year 2015-2016, no student of pre-k age may receive an out-of- school suspension from any publicly funded community-based organization, school in the District of Columbia Public Schools system, or public charter school that provides pre-k care and education services to pre-k age children, unless it is determined by a school or program administrator that the student has willfully caused or attempted to cause bodily injury, or threatened serious bodily injury to another person, except in self-defense. No student of pre-k age may be suspended for longer than 3 days for any individual incident.
(July 18, 2008, D.C. Law 17-202, § 303; as added June 23, 2015, D.C. Law 21-12, § 2(b), 62 DCR 5942; Aug. 25, 2018, D.C. Law 22-157, § 3(b)(2), 65 DCR 7499.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter IV - Workforce Development › § 38–274.01a. Transfer of authority, assets, and funds. [Repealed]

§ 38–274.01a. Transfer of authority, assets, and funds. [Repealed]
Repealed.
(July 18, 2008, D.C. Law 17-202, § 401a; as added Mar. 8, 2011, D.C. Law 18-285, § 2(g), 57 DCR 11005; Oct. 30, 2018, D.C. Law 22-168, § 4022(c), 65 DCR 9388.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 4022(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) repeal of this section, see § 4022(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
For temporary (90 day) amendment of section, see § 2(g) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).
For temporary (90 day) addition, see § 2(h) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).
For temporary (90 day) addition, see § 2(g) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).
For temporary (90 day) amendment of section, see § 2(f) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).
For temporary (90 day) addition of section, see § 2(g) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).
Temporary Legislation
Section 2(h) of D.C. Law 18-142 added a section to read as follows: “Sec. 401a. Transfer of authority, assets, and funds.
“(a) The authority to establish the HEI program and the HEI scholarship program is transferred from the OSSE to the University of the District of Columbia.
“(b) Within 30 days of the effective date of the Pre-k Acceleration and Clarification Emergency Amendment Act of 2010, passed on emergency basis on January 5, 2010 (Enrolled version of Bill 18-603), any real and personal property, positions, assets, and records relating to the HEI program or the HEI scholarship program, or to the planned establishment of the programs, shall become the property of the University of the District of Columbia, and any unexpended balances of appropriations, allocations, or other funds available or to be made available to the OSSE for the HEI program or the HEI scholarship program, or the planned establishment of the programs, shall be transferred to the HEIG fund.”.
Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2A - Pre-Kindergarten Education System › Subchapter V - Rulemaking › § 38–275.01. Rules

§ 38–275.01. Rules.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.
(b) All rules and regulations, issued under appropriate authority, prior to July 18, 2008, shall continue in full force and effect until superseded by the rules issued pursuant to subsection (a) of this section.
(July 18, 2008, D.C. Law 17-202, § 501, 55 DCR 6297.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2B - Additional Funding for Child and Adult Food Program › § 38–282.01. Child development facility requirements

§ 38–282.01. Child development facility requirements.
(a) If 50% or more children in a licensed child development facility are eligible for at least 6 continuous months for subsidized child care, the facility shall participate in the CACF Program unless the facility is exempt pursuant to subsection (a-1) of this section or OSSE grants the facility a hardship exemption pursuant to subsection (b) of this section.
(a-1) Subsection (a) of this section shall not apply to a child development facility that is on the U.S. Department of Agriculture ("USDA") CACF Program National Disqualification List for the period of time that the child development facility is on the USDA CACF Program National Disqualification List.
(b) To be eligible for a hardship exemption, a child development facility must provide OSSE with a written statement describing why participation in the CACF Program constitutes a hardship, and provide OSSE documentation demonstrating that the child development facility is in compliance with the current CACF Program Meal Patterns. OSSE will determine whether good cause exists and provide notice to the child development facility that it is excused from participating in the CACF Program for one year from the date of the notice. To the extent possible, OSSE shall work with excused child development facilities to address barriers to participating in the CACF Program.
(c) Repealed.
(Feb. 26, 2015, D.C. Law 20-155, § 4073a; as added Oct. 22, 2015, D.C. Law 21-36, § 7030(a), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 4032(b), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4062, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4062 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) amendment of this section, see § 4062 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
For temporary (90 days) addition of this section, see § 7016(f)(1) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
For temporary (90 days) addition of D.C. Law 20-155, § 4077, an applicability clause, see § 7016(f)(3) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2B - Additional Funding for Child and Adult Food Program › § 38–284. Use of Department of Parks and Recreation facilities

§ 38–284. Use of Department of Parks and Recreation facilities.
The Department of Parks and Recreation shall, to the extent feasible, partner with child development facilities to allow the facilities to use District recreation centers, fields, playgrounds, and other facilities on occasions that do not conflict with the Department of Parks and Recreation’s existing programming or with on-going community obligations.
(Feb. 26, 2015, D.C. Law 20-155, § 4075, 61 DCR 9990.)
Emergency Legislation
For temporary (90 days) addition of D.C. Law 20-155, § 4077, an applicability clause, see § 7016(f)(3) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2B - Additional Funding for Child and Adult Food Program › § 38–285. Applicability

§ 38–285. Applicability.
This chapter shall apply as of October 1, 2015.
(Feb. 26, 2015, D.C. Law 20-155, § 4077; as added Oct. 22, 2015, D.C. Law 21-36 § 7030(c), 62 DCR 10905; Mar. 10, 2023, D.C. Law 24-294, § 4(a), 70 DCR 560.)
Applicability
Applicability of D.C. Law 24-294: § 4 of D.C. Law 24-294 provided that the change made to this section by § 4(a) of D.C. Law 24-294 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 2B - Additional Funding for Child and Adult Food Program › § 38–286. Adult day care participation. [Not Funded]

§ 38–286. Adult day care participation. [Not Funded]
Not Funded.
(Feb. 26, 2015, D.C. Law 20-155, § 4078; as added Mar. 10, 2023, D.C. Law 24-294, § 4(b), 70 DCR 560.)
Applicability
Applicability of D.C. Law 24-294: § 4 of D.C. Law 24-294 provided that the creation of this section by § 4(b) of D.C. Law 24-294 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.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3 - Residency Requirement and Nonresident Tuition › § 38–304. Authority not affected by Reorganization Plan; delegation of functions; § 38-161 to remain in full force and effect

§ 38–304. Authority not affected by Reorganization Plan; delegation of functions; § 38-161 to remain in full force and effect.
(a) Nothing in this chapter shall be construed so as to affect the authority vested in the Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952 (66 Stat. 824). The performance of any function vested by this chapter in the Commissioners of the District of Columbia or in any office or agency under the jurisdiction and control of said Commissioners may be delegated by said Commissioners in accordance with § 3 of such Plan.
(b) This chapter shall not be construed as superseding § 38-161, and such section shall continue in full force and effect.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 5.)
Prior Codifications
2001 Ed., § 38-305.
1981 Ed., § 31-605.
1973 Ed., § 31-310.
Editor's Notes
Former § 38-304 has been recodified as § 38-301.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3 - Residency Requirement and Nonresident Tuition › § 38–305. Teachers College tuition

§ 38–305. Teachers College tuition.
Nothing contained in this chapter shall be construed as preventing the Board of Education from requiring students of the District of Columbia Teachers College to pay tuition, and the said Board is authorized, in its discretion, to require the payment of tuition by the students of such college, whether or not resident in the District of Columbia, with the exception of those students who are authorized to be excused from the payment of tuition by an act other than this chapter.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 7.)
Prior Codifications
2001 Ed., § 38-306.
1981 Ed., § 31-606.
1973 Ed., § 31-311.
Cross References
Uniform per student funding formula, applicability to nonresident students, see § 38-2902.
Emergency Legislation
For temporary (90 day) addition, see § 4012(c) 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) addition, see § 4012(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
Editor's Notes
Former § 38-305 has been recodified as § 38-304.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3 - Residency Requirement and Nonresident Tuition › § 38–306. Proof of residency

§ 38–306. Proof of residency.
All students enrolled in District of Columbia public schools and public charter schools funded by the District of Columbia or a student for whom educational services are paid by the District of Columbia shall provide proof of residency in the District or pay tuition pursuant to § 38-302. A determination of residency status shall be made annually for each such student. The methods used to determine residency status shall be consistent across District of Columbia public schools and public charter schools and shall be crafted to facilitate rather than hinder school enrollment of eligible students.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 9; as added Dec. 7, 2004, D.C. Law 15-205, § 4012(c), 51 DCR 8441; Aug. 16, 2008, D.C. Law 17-219, § 4012(a), 55 DCR 7598.)
Effect of Amendments
D.C. Law 17-219 rewrote the section, which had read as follows: “All students enrolled in District of Columbia public schools and public charter schools must provide proof of residency in the District or pay tuition pursuant to § 38-302. A determination of residency status shall be made annually for each student. The methods used to determine residency status shall be consistent across District of Columbia public schools and public charter schools and shall be crafted to facilitate rather than hinder school enrollment of eligible students.”
Emergency Legislation
For temporary (90 day) addition, see § 4012(c) 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) addition, see § 4012(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
Short Title
Short title: Section 4011 of D.C. Law 17-219 provided that subtitle F of title IV of the act may be cited as the “Residency Verification Amendment Act of 2008”.
Editor's Notes
Former § 38-306 has been recodified as § 38-305.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3 - Residency Requirement and Nonresident Tuition › § 38–307. Nonresident free tuition

§ 38–307. Nonresident free tuition.
A student entitled to enrollment without payment of nonresident tuition shall be either:
(1) A child who is otherwise eligible for admission to the DCPS or a public charter school, and who qualifies for free instruction under one of the following categories:
(A) A child who is in the care or control of a parent, custodian, or guardian who is a resident of the District;
(B) A child who is in the care or control of a District resident who is his or her other primary caregiver, as established pursuant to § 38-310;
(C) A child who is a resident of the District and does not have a living parent, custodian, guardian, or other primary caregiver in the United States;
(D) A child who is a ward of the District; or
(E) A child who is living with his or her spouse, when the spouse is at least 18 years old and is a resident of the District.
(2) An adult student who is otherwise eligible for admission to the DCPS or a public charter school and is a resident of the District. For the purposes of this chapter, the residence of an adult student is the address of the adult student, not the address of the adult student’s parent, custodian, guardian or other primary caregiver.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 10; as added Dec. 7, 2004, D.C. Law 15-205, § 4012(c), 51 DCR 8441.)
Emergency Legislation
For temporary (90 day) addition, see § 4012(c) 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) addition, see § 4012(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3 - Residency Requirement and Nonresident Tuition › § 38–308. Establishment of residency

§ 38–308. Establishment of residency.
(a) The residency status of each student enrolling in a DCPS school or public charter school funded by the District of Columbia or a student for whom educational services are paid by the District of Columbia shall be established by October 5, or within 10 days of the time of initial enrollment, whichever occurs later, within the school year for which the student is being enrolled. Residency status shall be re-established annually. Residency status shall be established through the use of satisfactory documentation as set forth in §§ 38-309 and 38-310. The State Education Office, pursuant to § 38-2604(b)(3), shall establish such rules and procedures to carry out residency verification as it deems appropriate and as are consistent with this chapter.
(b) For a student whose primary caregiver is not a parent, custodian or guardian, establishment of residency shall also include documentation that the District resident seeking to enroll the student is his or her primary caregiver, as set forth in § 38-310 and procedures established pursuant to § 38-311.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 11; as added Dec. 7, 2004, D.C. Law 15-205, § 4012(c), 51 DCR 8441; Aug. 16, 2008, D.C. Law 17-219, § 4012(b), 55 DCR 7598.)
Section References
This section is referenced in § 38-310.
Effect of Amendments
D.C. Law 17-219, in subsec. (a), substituted “charter school funded by the District of Columbia or a student for whom educational services are paid by the District of Columbia shall be established” for “charter school shall be established”.
Emergency Legislation
For temporary (90 day) addition, see § 4012(c) 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) addition, see § 4012(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3 - Residency Requirement and Nonresident Tuition › § 38–312.01. False information hotline

§ 38–312.01. False information hotline.
(a) The Office of the State Superintendent of Education shall establish a hotline to receive tips and information regarding the non-District residence, or other primary caregiver status, of a parent or a primary caregiver of a student in a District of Columbia public school or a public charter school.
(b) District of Columbia public schools and public charter schools shall post a sign, which is clearly visible and not smaller than 8.5 inches by 11 inches, at each location where admission procedures take place and in each principal’s office, notifying the public of the hotline and of the penalties set forth in this chapter.
(c) The Office of the State Superintendent of Education shall ensure that District of Columbia public schools and public charter schools investigate an allegation received through the hotline or through any other source of information.
(d)(1) The Office of the State Superintendent of Education shall refer to the Office of the Attorney General all cases concerning any person, including any official of a District of Columbia public school or public charter school, who knowingly supplies false information to a public official in connection with the verification of residency or primary caregiver status.
(2) The Attorney General shall keep a log of all cases referred by the Office of the State Superintendent of Education and issue a report by May 1, 2012. The report shall include:
(A) The number of cases reported pursuant to this subsection;
(B) The number of students involved in each case;
(C) A list of schools involved in each case; and
(D) The resources needed to prosecute each case.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 15a; as added May 9, 2012, D.C. Law 19-126, § 2(b), 59 DCR 1939.)
Emergency Legislation
For temporary (90 day) repeal of section 3 of D.C. Law 19-126, see § 7012 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) repeal of section 3 of D.C. Law 19-126, see § 7012 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Editor's Notes
Section 3 of D.C. Law 19-126 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-126, § 3, was repealed by D.C. Law 19-168, § 7012.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3 - Residency Requirement and Nonresident Tuition › § 38–312.02. Student Residency Verification Fund. [Repealed]

§ 38–312.02. Student Residency Verification Fund. [Repealed]
Repealed.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 15b; as added May 9, 2012, D.C. Law 19-126, § 2(b), 59 DCR 1939; Oct. 22, 2015, D.C. Law 21-36, § 4023, 62 DCR 10905; Sept. 6, 2023, D.C. Law 25-50, § 4155(b), 70 DCR 10366.)
Effect of Amendments
The 2015 amendment by D.C. Law 21-36 rewrote (d).
Emergency Legislation
For temporary (90 day) repeal of section 3 of D.C. Law 19-126, see § 7012 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) repeal of section 3 of D.C. Law 19-126, see § 7012 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
For temporary (90 days) amendment of this section, see § 4023 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Editor's Notes
Section 3 of D.C. Law 19-126 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-126, § 3, was repealed by D.C. Law 19-168, § 7012.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3 - Residency Requirement and Nonresident Tuition › § 38–312.03. Report on the status of residency fraud investigations, levying and collection of fines, and retroactive tuition

§ 38–312.03. Report on the status of residency fraud investigations, levying and collection of fines, and retroactive tuition.
The Mayor shall submit a report to the Council on the status of residency fraud investigations and the levying and collection of fines and retroactive tuition within 30 days of July 31, 2012, and on an annual basis thereafter. The report for each local education agency shall include:
(1) The number of cases investigated due to suspected fraud;
(2) The number of cases that were determined to be residency fraud;
(3) Of the cases that were determined to be residency fraud, the number that were assessed fines or retroactive tuition charges;
(4) The amount of fines and retroactive tuition charges imposed; and
(5) The amount of fines and retroactive tuition collected.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 15c; as added May 9, 2012, D.C. Law 19-126, § 2(b), 59 DCR 1939; Dec. 13, 2017, D.C. Law 22-33, § 4146, 64 DCR 7652.)
Applicability
Section 4150 of D.C. Law 22-33 provided that the amendment made to this section shall apply as of June 27, 2017.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4146 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) amendment of this section, see § 4146 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
For temporary (90 day) repeal of section 3 of D.C. Law 19-126, see § 7012 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) repeal of section 3 of D.C. Law 19-126, see § 7012 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Editor's Notes
Section 3 of D.C. Law 19-126 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-126, § 3, was repealed by D.C. Law 19-168, § 7012.