2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 26A - State Board of Education › § 38–2651. State Board of Education; establishment; membership

§ 38–2651. State Board of Education; establishment; membership.
*NOTE: This section includes amendments by emergency legislation that will expire on July 25, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a)(1) There is established a State Board of Education (“Board”) consisting of 9 members. Four members shall be appointed by the Mayor and confirmed by the Council. Five members shall be elected. Four of the 5 elected members shall be elected from the 4 school districts created pursuant to subsection (c) of this section. One member shall be elected at-large as the President of the Board.
(2) Upon the repeal of §§ 1-204.52 and 1-204.95, the members of the Board of Education established pursuant to § 1-204.95 shall serve as the initial State Board of Education established by this chapter until noon, January 2, 2009.
(b) Beginning at 12:01 p.m. on January 2, 2009, the Board shall consist of 9 elected members. One member shall be elected from each of the 8 school election wards created pursuant to § 1-1011.01 and one member shall be elected at-large. The Board shall select its president from among the 9 members of the Board.
(c) The 4 school districts for the election of Board members, as described in subsection (a)(1) of this section, shall be comprised of the 8 election wards created pursuant to § 1-1011.01:
(1) Wards 1 and 2 shall comprise School District I;
(2) Wards 3 and 4 shall comprise School District II;
(3) Wards 5 and 6 shall comprise School District III; and
(4) Wards 7 and 8 shall comprise School District IV.
(d)(1) Except as provided in paragraph (3)(B) of this subsection, the term of office of a member of the Board, including the at-large member, shall be 4 years.
(2) Members may receive compensation at a rate fixed by the Council, which shall not exceed the amount provided for in § 1-611.10.
(3)(A) The term of office of a member elected in a general election shall commence at 12:01 p.m. on January 2 of the year following the election. The term of office of an incumbent member shall expire at noon, January 2 of the year following the general election.
(B) The initial terms of the members of the Board elected in the general election in November 2008 shall be as follows:
(i) The 4 members elected from Wards 1, 3, 5, and 6 shall serve 2- year terms, ending at noon, January 2, 2011.
(ii) The 4 members elected from Wards 2, 4, 7, and 8 and the member elected at-large shall serve 4-year terms, ending at noon, January 2, 2013.
(e)(1) Each member of the Board, including the at-large member, shall:
(A) Be a qualified elector, as that term is defined in § 1-1001.02, and, except for the at-large member, reside within the school election ward he or she represents;
(B) Satisfy the residency requirement set forth in § 1-1001.08(b);
(C) Not hold another elective office, other than as an official of a political party, as described in § 1-1001.01(1) through (4); and
(D) Not be an officer or employee of:
(i) The Board; or
(ii) With the exception of employees of the District of Columbia Public Schools, the District of Columbia government.
(2) A member shall forfeit the member's office upon failure to maintain the requirements of this subsection.
(f) The election of the members of the Board shall be conducted on a nonpartisan basis and in accordance with subchapter I of Chapter 10 of Title 1 [§ 1-1001.01 et seq.].
(g) If a member of the Board dies, resigns, or otherwise becomes unable to serve or a member-elect fails to take office, the vacancy shall be filled as provided in § 1-1001.10(e) and (g).
(June 12, 2007, D.C. Law 17-9, § 402, 54 DCR 4102; Feb. 22, 2019, D.C. Law 22-205, § 3, 65 DCR 12361; Feb. 24, 2022, D.C. Law 24-74, § 5, 69 DCR 000010; Apr. 6, 2023, D.C. Law 24-342, § 8, 69 DCR 14609.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2 of State Board of Education Membership Eligibility Third Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-92, Apr. 26, 2023, 70 DCR 6343).
For temporary (90 days) amendment of this section, see § 2 of State Board of Education Membership Eligibility Second Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-4, Jan. 26, 2023, 00 DCR 00).
For temporary (90 days) amendment of this section, see § 2 of State Board of Education Membership Eligibility Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-447, June 28, 2022, 69 DCR 007751).
For temporary (90 days) amendment of this section, see § 2 of State Board of Education Membership Eligibility Emergency Amendment Act of 2022 (D.C. Act 24-352, Mar. 28, 2022, 69 DCR 002627).
For temporary (90 days) amendment of this section, see § 5 of Ward Redistricting Emergency Amendment Act of 2021 (D.C. Act 24-264, Dec. 29, 2021, 69 DCR 000001).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2 of State Board of Education Membership Eligibility Temporary Amendment Act of 2022 (D.C. Law 24-134, June 30, 2022, 69 DCR 004411).
Editor's Notes
Applicability: Section 404 of Law 17-9 provided that this title shall apply upon Congressional enactment of Title IX. Congress enacted the provisions of Title IX in Pub. L. 110-33, approved June 1, 2007.