2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 29 - Uniform Per Student Funding Formula › Subchapter I - General › § 38–2905.01. Supplement to foundation level funding on the basis of the count of at-risk students

§ 38–2905.01. Supplement to foundation level funding on the basis of the count of at-risk students.
(a) In addition to the grade level and supplemental allocations provided pursuant to §§ 38-2904 and 38-2905, additional allocations shall be provided on the basis of the count of students identified as at-risk.
(b) The additional allocations required by subsection (a) of this section shall be calculated by applying weighting factors, as reflected in this subchapter, to the foundation level.
(c) The weighting factors for at-risk students shall be applied cumulatively in the counts of students who fall into more than one of the formula weighting categories; provided, that for students identified as both at-risk and as participating in an alternative program or as adult learners, only the alternative program weighting shall apply.
(c-1) To ensure alignment between the alternative program and at-risk weighting factors, the alternative program weighting factor should be amended whenever the grades 9-12, at-risk, or at-risk high school over-age supplement weighting factors are amended.
(c-2)(1) Consistent with the weightings provided in § 38-2905(c), an at-risk concentration supplement shall be provided for a DCPS school or public charter school with an at-risk student population that exceeds 40% of the school's total enrollment and an additional supplement shall be provided for a DCPS school or public charter school with an at-risk student population that exceeds 70% of the school's total enrollment, based on actual audited enrollments for public charter schools and projected enrollments for DCPS schools submitted pursuant to this subchapter.
(2) Only schools that have at-risk student populations greater than 40% of the school's total population may receive funding from the at-risk > 40% concentration supplement. The number of students for which a school may receive the per pupil allocation for the at-risk > 40% concentration supplement shall be equal to the number of at-risk students enrolled in the school minus the product, rounded to the nearest whole number, of 40% times that school's total student population.
(3) Only schools that have at-risk student populations greater than 70% of the school's total population may receive funding from the at-risk > 40% concentration supplement and the at-risk > 70% concentration supplement. The number of students for which a school may receive the per pupil allocation for the at-risk 70% concentration supplement shall be equal to the number of at-risk students enrolled in the school minus the product, rounded to the nearest whole number, of 70% times that school's total student population.
(d) By March 31, 2024, and annually thereafter, every local education agency that is allocated funds pursuant to this section shall provide the Office of the State Superintendent of Education with data related to expenditures of such funds for the previous school year consistent with reporting standards established by the Department of Education pursuant to § 38-191(b)(10).
(Mar. 26, 1999, D.C. Law 12-207, § 106a; as added Feb. 22, 2014, D.C. Law 20-87, § 4(b), 61 DCR 309; Feb. 26, 2015, D.C. Law 20-155, § 4002(d), 61 DCR 9990; Dec. 3, 2020, D.C. Law 23-149, § 4055, 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 4002(f), 68 DCR 010163; Mar. 2, 2022, D.C. Law 24-86, § 3, 69 DCR 000444; Sept. 21, 2022, D.C. Law 24-167, § 4002(e), 69 DCR 009223; Sept. 6, 2023, D.C. Law 25-50, § 4002(e), 70 DCR 10366.)
Section References
This section is referenced in § 38-2907.01.
Effect of Amendments
The 2014 amendment by D.C. Law 20-87 added this section.
The 2015 amendment by D.C. Law 20-155 added “provided, that for students identified as both as at-risk and as participating in an alternative program or as adult learners, only the alternative program weighting shall apply” in (c).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4002(e) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
For temporary (90 days) amendment of this section, see § 4002(f) 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) repeal of D.C. Law 20-87, § 5, see § 7006 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).
For temporary (90 days) amendment of this section, see § 4002(d) 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) repeal of D.C. Law 20-87, § 5, see § 7006 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 § 4002(d) 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) repeal of D.C. Law 20-87, § 5, see § 7006 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 § 4002(d) 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) repeal of D.C. Law 20-87, § 5, see § 7006 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).
Editor's Notes
Applicability of D.C. Law 20-87: Section 5 of D.C. Law 20-87 provided that § 4(b) of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 5 of D.C. Law 20-87 was repealed by D.C. Law 20-155, § 7006.