reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3 - Residency Requirement and Nonresident Tuition › § 38–313. Rules

§ 38–313. Rules.
The Mayor shall promulgate rules pursuant to this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day period, the proposed rules shall be deemed approved.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 16; 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 3A - Ombudsman for Public Education › § 38–352. Qualifications

§ 38–352. Qualifications.
The Ombudsman shall:
(1) Be appointed without regard to party affiliation;
(2) Be appointed on the basis of integrity;
(3) Possess a demonstrated ability to analyze issues and matters of law, administration, and policy;
(4) Possess experience in the field of social work, counseling, mediation, law, policy, or public administration or auditing, accounting, or other investigative field; and
(5) Have management experience that demonstrates an ability to hire and supervise qualified staff.
(June 12, 2007, D.C. Law 17-9, § 603, 54 DCR 4102.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3A - Ombudsman for Public Education › § 38–356. Complaint resolution services

§ 38–356. Complaint resolution services.
(a) The Office of Ombudsman shall provide complaint resolution services, which shall be available to current and prospective public school students and their parents or guardians.
(b) Participation in complaint resolution services provided by the Office of Ombudsman shall be voluntary.
(c) Before submitting a complaint to the Office of Ombudsman, the complainant shall make reasonable efforts to resolve the issue at the school level.
(d) Complainants may submit complaints by phone, in writing, or electronically.
(e) Except as provided in subsection (f) of this section, the Office of Ombudsman shall review and investigate each complaint and shall do one or more of the following:
(1) Resolve the complaint;
(2) Refer the complainant to another agency or department;
(3) Require the complainant to submit documentation to support the complaint;
(4) Provide an opportunity for the complainant to meet with the subject of the complaint;
(5) Conduct mediation proceedings;
(6) Dismiss the complaint as unfounded; or
(7) Take any other action determined necessary and appropriate by the Ombudsman.
(f) The Ombudsman may refrain from investigating a complaint if the Ombudsman reasonably believes one or more of the following:
(1) It is plain from the face of the complaint that an adequate remedy is presently available, such that investigation is unwarranted;
(2) The complaint relates to a matter that is outside the jurisdiction of the Ombudsman;
(3) The complaint relates to an act of which the complainant has had knowledge for an unreasonable length of time before the complaint was submitted;
(4) The complainant does not have a sufficient personal interest in the subject matter of the complaint;
(5) Investigation of the complaint would not facilitate an action authorized pursuant to subsection (e) of this section;
(6) The complaint is made in bad faith; or
(7) The resources of the Ombudsman are insufficient for adequate investigation.
(June 12, 2007, D.C. Law 17-9, § 606a; as added Feb. 22, 2014, D.C. Law 20-76, § 102(e), 61 DCR 39; Apr. 7, 2017, D.C. Law 21-252, § 3(e), 64 DCR 1656.)
Effect of Amendments
The 2014 amendment by D.C. Law 20-76 added this section.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3B - Office of the Student Advocate › § 38–372. Chief Advocate; qualification

§ 38–372. Chief Advocate; qualification.
The Chief Advocate shall:
(1) Be a resident of the District of Columbia within 180 days of appointment and shall remain a resident for the duration of the appointment;
(2) Possess experience in outreach, advocacy, social work, law, or counseling; and
(3) Have management experience that demonstrates the ability to hire and supervise qualified staff.
(Feb. 22, 2014, D.C. Law 20-76, § 203, 61 DCR 39.)
Applicability
Section 7008 of D.C. Law 22-33 repealed § 401 of D.C. Law 20-76. Therefore the changes made to this section by D.C. Law 20-76 have been given effect.
Applicability of D.C. Law 20-76: § 401 of D.C. Law 20-76 provided that the change made to this section by § 203 of D.C. Law 20-76 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) repeal of § 401 of D.C. Law 20-76, see § 7008 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 § 401 of D.C. Law 20-76, see § 7008 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 3B - Office of the Student Advocate › § 38–374. Public education resource centers

§ 38–374. Public education resource centers.
(a) The Office may establish and operate public education resource centers throughout the District to provide students, parents, and guardians with information about educational programs and school choice, including information about the application, enrollment, and assignment process.
(b) Public education resource centers established pursuant to this section shall be staffed by Office personnel and, at the discretion of the Chief Advocate, student or parent or guardian volunteers.
(Feb. 22, 2014, D.C. Law 20-76, § 205, 61 DCR 39; Apr. 7, 2017, D.C. Law 21-252, § 4(c), 64 DCR 1656.)
Applicability
Section 7008 of D.C. Law 22-33 repealed § 401 of D.C. Law 20-76. Therefore the changes made to this section by D.C. Law 20-76 have been given effect.
Applicability of D.C. Law 20-76: § 401 of D.C. Law 20-76 provided that the change made to this section by § 205 of D.C. Law 20-76 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) repeal of § 401 of D.C. Law 20-76, see § 7008 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 § 401 of D.C. Law 20-76, see § 7008 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 4 - Use of School Buildings › § 38–401.01. Annual report

§ 38–401.01. Annual report.
The Board of Education shall submit to the Mayor of the District of Columbia and the Council of the District of Columbia, not later than January 15th of each year, a report covering all activities with respect to public school buildings and grounds that were undertaken during the preceding fiscal year pursuant to the authority granted by this section and §§ 38-401 and 38-401.02. Such report shall include, but shall not be limited to:
(1) All lease, use, or other agreements exceeding a period of 30 days, indicating the name of the tenant and the terms and conditions of the agreement;
(2) An itemization of all collections and expenditures associated with each agreement;
(3) A statement of the actual amount of funds transferred by the Board of Education towards the repayment of capital outlay loans and interest outstanding;
(4) A statement of the actual condition of major structural components of each property under an agreement, and any repairs or improvements made thereto;
(5) A list, including each parcel, of real property transferred by the Board of Education to the Department of General Services and the date of each transfer; and
(6) A statement by the Board of Education of benefits and enhancements to the educational environment and the community resulting from the authority granted by this section and §§ 38-401 and 38-401.02, and recommendations, if any, for the improvement thereof.
(Sept. 29, 1982, D.C. Law 4-158, § 3, 29 DCR 3632.)
Prior Codifications
1981 Ed., § 31-201.1.
Section References
This section is referenced in § 38-401.
Transfer of Functions
The functions of the Department of General Services were transferred, in part, to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984, and transferred, in part, to the Department of Administrative Services by Reorganization Plan No. 5 of 1983, effective March 1, 1984.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4 - Use of School Buildings › § 38–401.02. Public liability insurance

§ 38–401.02. Public liability insurance.
The Board of Education may by regulation require persons and organizations, other than District of Columbia and federal agencies, holding use agreements or lease agreements with the Board of Education to carry public liability insurance including protection of the interests of the District of Columbia and its officers, employees, and agents, and the Board of Education and its members, officers, employees, and agents, with respect to claims for personal injuries and other damages allegedly occurring at properties where these leases or use agreements exist.
(Sept. 29, 1982, D.C. Law 4-158, § 4, 29 DCR 3632.)
Prior Codifications
1981 Ed., § 31-201.2.
Section References
This section is referenced in § 38-401 and § 38-401.01.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4 - Use of School Buildings › § 38–402. Control of school construction and repairs

§ 38–402. Control of school construction and repairs.
The Director of the Department of Buildings (“Director”) shall have the same authority, control over, and supervision of the construction or repair of a public school building as the Director has of the construction or repair of any privately owned building.
(Mar. 3, 1879, 20 Stat. 408, ch. 182; June 22, 1990, D.C. Law 8-143, § 4, 37 DCR 2972; Apr. 5, 2021, D.C. Law 23-269, § 501(s), 68 DCR 001490.)
Prior Codifications
1981 Ed., § 31-202.
1973 Ed., § 31-803.
Cross References
Minor repairs by janitors, see § 38-903.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4 - Use of School Buildings › § 38–403. Use of Franklin School for office purposes

§ 38–403. Use of Franklin School for office purposes.
The Board of Education is authorized to use all necessary floor and room space in the Franklin School Building for office purposes.
(Mar. 3, 1917, 39 Stat. 1026, ch. 160; June 5, 1920, 41 Stat. 855, ch. 234; Feb. 26, 1925, 43 Stat. 993, ch. 342, § 5.)
Prior Codifications
1981 Ed., § 31-203.
1973 Ed., § 31-804.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4 - Use of School Buildings › § 38–404. Restriction on lot 14 in square 263

§ 38–404. Restriction on lot 14 in square 263.
The lot of land marked upon the plan of the City of Washington as lot No. 14, in square No. 263, which was conveyed to said City by the Commissioner of Public Buildings, under authority of an Act of Congress dated June 5, 1860, for the use of the public schools in said City, shall not be sold, assigned or conveyed or diverted, for any other purpose except as provided in § 38-405.
(R.S., D.C., § 317.)
Prior Codifications
1981 Ed., § 31-204.
1973 Ed., § 31-805.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4 - Use of School Buildings › § 38–405. Sale of part of lot 14 in square 263

§ 38–405. Sale of part of lot 14 in square 263.
The proceeds of that portion of lot No. 14, in square No. 263, which was authorized to be sold by an Act of Congress dated June 4, 1872, shall be invested by the authorities of the District in another lot or part of a lot in the City of Washington, and in improvements thereon; and the property so purchased shall be used for the purpose of the public schools, and for no other purpose.
(R.S., D.C., § 318.)
Prior Codifications
1981 Ed., § 31-205.
1973 Ed., § 31-806.
Section References
This section is referenced in § 38-404.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4 - Use of School Buildings › § 38–406. Certain land granted for colored schools to revert to United States. [Repealed]

§ 38–406. Certain land granted for colored schools to revert to United States. [Repealed]
Repealed.
(Dec. 10, 1987, D.C. Law 7-45, § 2, 34 DCR 6845; July 25, 1990, D.C. Law 8-149, § 2, 37 DCR 3717; Aug. 17, 1991, D.C. Law 9-29, § 2, 38 DCR 4213; Mar. 20, 1998, D.C. Law 12-60, § 401, 44 DCR 7378; Apr. 13, 1999, D.C. Law 12-224, § 2, 46 DCR 483.)
Prior Codifications
1981 Ed., § 31-206.
1973 Ed., § 31-807.
Emergency Legislation
For temporary (90 day) repeal of section, see § 2 of the Lovejoy School new Housing and Economic Development Emergency Act of 2000 (D.C. Act 13-461, November 7, 2000, 47 DCR 9440).
Temporary Legislation
Section 2 of D.C. Law 13-220 repealed this section.
Section 4(b) of D.C. Law 13-220 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4 - Use of School Buildings › § 38–407. Property exclusively for school purposes

§ 38–407. Property exclusively for school purposes.
That parcel of land marked and designated upon the map of the City of Washington as part of lot No. 11, in square No. 141, beginning at the northwest corner of said lot, and running thence due south on the west line of said square, 50 feet; thence due east, 30 feet; thence due north, 50 feet; thence due west on the north line of said square, to the point of beginning, and also that piece of land marked and designated upon said map as a public reservation, located between 8th and 9th Streets and K Street and Virginia Avenue Southeast, known as the Anacostia engine house, together with the buildings and improvements thereon, are severally set apart and appropriated for the use of the public schools in the City of Washington, so long as they shall be occupied for that purpose, and no longer.
(R.S., D.C., § 320.)
Prior Codifications
1981 Ed., § 31-207.
1973 Ed., § 31-808.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4 - Use of School Buildings › § 38–408. Utilization of Business High School building

§ 38–408. Utilization of Business High School building.
Upon completion of the Roosevelt (Business) High School the building now occupied by the Business High School shall be utilized for senior high and elementary school purposes.
(Feb. 23, 1931, 46 Stat. 1395, ch. 282, § 1.)
Prior Codifications
1981 Ed., § 31-208.
1973 Ed., § 31-809.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4 - Use of School Buildings › § 38–410. Use of a public school building by a civic association

§ 38–410. Use of a public school building by a civic association.
(a) Notwithstanding any other provision of law, a civic association may enter into a use agreement to use a District of Columbia Public Schools school building for a regularly scheduled meeting at no charge; provided, that:
(1) The use of the school building does not impose a cost on the District, except for the costs of custodial and security services; and
(2) A civic association shall not enter into a use agreement to use a District of Columbia Public Schools school building for more than 12 regularly scheduled meetings in a calendar year.
(b) The Department of General Services shall reimburse a civic association for the costs of obtaining the liability insurance required under its use agreement if that insurance is purchased through a District-approved insurance partnership program.
(c) For the purposes of this section, the term "civic association" means:
(1) A nonprofit association, corporation, or other organization that is:
(A) Comprised primarily of residents of the community within which the school to be used is located;
(B) Operated for the promotion of social welfare and general neighborhood improvement and enhancement; and
(C) Exempt from taxation under section 501(c)(3) or (4) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3), (4)), or a member of the D.C. Federation of Civic Associations or the Federation of Citizens Associations of the District of Columbia; or
(2) A nonprofit association, corporation, or other organization that is:
(A) Comprised primarily of residents of a contiguous community that is defined by specific geographic boundaries, within which the school to be used is located; and
(B) Operated for the promotion of the welfare, improvement, and enhancement of that community.
(Oct. 30, 2018, D.C. Law 22-168, § 1092, 65 DCR 9388.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 1092 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) creation of this section, see § 1092 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4A - Community Access to Recreational Spaces within Public Schools › § 38–431. Definitions

§ 38–431. Definitions.
For the purposes of this chapter, the term:
(1) "Community use" means the recreational use of school facilities without a permit by any member of the community.
(2) "DCPS" means the District of Columbia Public Schools.
(3) "High-need community" means a neighborhood cluster, as that term is defined in § 38-2801.01(2E), where at least 50% of school-aged children qualify for free or reduced-price school meals.
(4) "School facility" means a field, playground, gymnasium, multipurpose room, and other area used for recreation under the control of DCPS.
(Feb. 22, 2019, D.C. Law 22-210, § 2, 65 DCR 12598.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4A - Community Access to Recreational Spaces within Public Schools › § 38–432. Use of school facilities; issuance of permits

§ 38–432. Use of school facilities; issuance of permits.
(a) School facilities shall be used according to the following order of priority:
(1) Use of the school facility by the public school where the school facility is located;
(2) Use of the school facility by DCPS;
(3) Community use at times designated by the Mayor; and
(4) Use of the school facility by permit holders.
(b)(1) The Mayor shall issue permits to applicants for the use of school facilities in a manner that maximizes use while maintaining the quality of the school facilities and ensuring compliance with Internal Revenue Service rules governing tax-exempt bond financed property.
(2) If more than one applicant submits a permit application to use the same school facility for the same period of time, the Mayor shall issue the permit according to the following order of priority:
(A) DCPS school program providers, including Adopt-a-School Program participants and School Partnership Fellows;
(B) Athletic programs organized by the Department of Parks and Recreation, District of Columbia public charter schools, or the District of Columbia State Athletic Association;
(C) Nonprofit organizations that principally serve District residents who are youths;
(D) Other nonprofit organizations that principally serve District residents;
(E) Individuals who are District residents or entities whose principal place of business is in the District; and
(F) Others.
(3) Where applicants for use of a particular school facility are of the same priority level under paragraph (2) of this subsection, the Mayor shall issue the permit to the applicant who submitted an application first.
(c) The Mayor may charge permit, custodial, or security fees associated with the use of a school facility.
(Feb. 22, 2019, D.C. Law 22-210, § 3, 65 DCR 12598.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4A - Community Access to Recreational Spaces within Public Schools › § 38–433. Waiver or reduction of fees for the use of school facilities. [Repealed]

§ 38–433. Waiver or reduction of fees for the use of school facilities. [Repealed]
Repealed.
(Feb. 22, 2019, D.C. Law 22-210, § 4, 65 DCR 12598; Dec. 3, 2020, D.C. Law 23-149, § 7066(a), 67 DCR 10493; Sept. 21, 2022, D.C. Law 24-167, § 7063, 69 DCR 009223.)
Applicability
Section 7066(b) of D.C. Law 23-149 amended section 4 of D.C. Law 22-196 and provided that the creation of this section by § 4 of D.C. Law 22-210 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore, the creation of this section by section 2 of Law 22-210 has not been implemented.
Emergency Legislation
For temporary (90 days) repeal of this section, see § 7063 of D.C. Act 24-470.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4A - Community Access to Recreational Spaces within Public Schools › § 38–434. Establishing the DCPS School Facility Fund

§ 38–434. Establishing the DCPS School Facility Fund.
(a) There is established as a special fund the DCPS School Facility Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.
(b) Any fees collected for the use of school facilities pursuant to § 38-432(c) shall be deposited in the Fund.
(c)(1) Money in the Fund shall be used for the following purposes:
(A) 75% of the money shall be transferred to DCPS schools, according to the formula described in paragraph (3) of this subsection.
(B) 25% of the money shall be transferred to the Department of General Services to administer the permitting process for the use of school facilities.
(2) Money transferred pursuant to paragraph (1) of this subsection shall be transferred by October 1 and February 1 of each year.
(3) Money transferred to DCPS schools under paragraph (1)(A) of this subsection shall be distributed to individual DCPS schools in amounts that are proportionate to the number of permits issued for the use of that DCPS school's school facilities.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(e) At least once per year, the Mayor shall provide an accounting of fees collected for each DCPS school pursuant to § 38-432(c), including the name and affiliation of each permit holder, to the principal of that DCPS school.
(f) The Mayor shall transmit an annual report to the Council, describing all fees collected pursuant to § 38-432(c), broken down by DCPS school and permit holder.
(Feb. 22, 2019, D.C. Law 22-210, § 5, 65 DCR 12598; Sept. 11, 2019, D.C. Law 23-16, § 4092, 66 DCR 8621.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4092 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) amendment of this section, see § 4092 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4A - Community Access to Recreational Spaces within Public Schools › § 38–435. Community Use of School Facilities Task Force

§ 38–435. Community Use of School Facilities Task Force.
(a) There is established a Community Use of School Facilities Task Force ("Task Force"). The Task Force shall:
(1) Identify the frequency and timing of community use;
(2) Identify existing barriers to community use;
(3) Identify, in coordination with the Department of General Services and the Office of the Chief Financial Officer, how any changes to the District's permitting processes as it relates to tax-exempt bond financed property might jeopardize the tax-exempt status of the District's bonds; and
(4) Develop recommendations to increase community use, including:
(A) When and for how long school facilities should be reserved for community use;
(B) Permissible types of community use;
(C) How to address existing barriers to community use; provided, that the Task Force shall not recommend shifting liability away from the District government for loss or injury resulting from community use;
(D) A list of any regulatory or statutory changes necessary to increase community use; and
(E) A list of all District property financed by tax-exempt bonds, an explanation of how proposed permitted uses of each property could violate Internal Revenue Service rules regarding tax-exempt bond financed property, and recommendations for how the Department of General Services and DCPS can ensure that the Department of General Services does not grant permits for proposed uses that could jeopardize the tax-exempt status of the District's bonds.
(b) The Task Force shall consult with organizations and individuals with experience in the fields of obesity, community health, personal or group liability insurance, and tort liability.
(c) The Task Force shall be composed of the following members:
(1) The Director of the Department of General Services, or the Director's designee;
(2) The Chancellor of District of Columbia Public Schools, or the Chancellor's designee;
(3) The Director of the Department of Parks and Recreation, or the Director's designee;
(4) The Executive Director of the Office on Aging, or the Executive Director's designee;
(5) The Chief Financial Officer, or the Chief Financial Officer's designee;
(6) Five community representatives appointed by the Mayor as follows:
(A) Three representatives from parent-teacher associations or organizations;
(B) One representative from a community-based recreational program serving high-need communities; and
(C) One representative from a District organization that provides recreational programming for children
(d) By October 1, 2019, the Task Force shall transmit a report to the Council that details the Task Force's findings and recommendations described in subsection (a) of this section.
(Feb. 22, 2019, D.C. Law 22-210, § 6, 65 DCR 12598.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4A - Community Access to Recreational Spaces within Public Schools › § 38–436. Rules

§ 38–436. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.
(Feb. 22, 2019, D.C. Law 22-210, § 7, 65 DCR 12598.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4B - Office of Public Education Facilities Modernization › Subchapter I - Establishment. [Repealed] › § 38–451. Office of Public Education Facilities Modernization; establishment. [Repealed]

§ 38–451. Office of Public Education Facilities Modernization; establishment. [Repealed]
Repealed.
(June 12, 2007, D.C. Law 17-9, § 702, 54 DCR 4102; Sept. 18, 2007, D.C. Law 17-20, § 4043(a), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 4018, 55 DCR 7598; Sept. 14, 2011, D.C. Law 19-21, § 1032(b), 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) amendment of section, see § 4043(a) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
For temporary (90 day) amendment, see § 4018 of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).
For temporary (90 day) repeal of section, see § 1012(b) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
Short Title
Short title: Section 4017 of D.C. Law 17-219 provided that subtitle I of title IV of the act may be cited as the “Office of Public Education Facilities Modernization Personnel Amendment Act of 2008”.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4B - Office of Public Education Facilities Modernization › Subchapter I - Establishment. [Repealed] › § 38–452. Director; appointment. [Repealed]

§ 38–452. Director; appointment. [Repealed]
Repealed.
(June 12, 2007, D.C. Law 17-9, § 703, 54 DCR 4102; Sept. 14, 2011, D.C. Law 19-21, § 1032(b), 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) repeal of section, see § 1012(b) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4B - Office of Public Education Facilities Modernization › Subchapter I - Establishment. [Repealed] › § 38–454. Reporting requirement. [Repealed]

§ 38–454. Reporting requirement. [Repealed]
Repealed.
(June 12, 2007, D.C. Law 17-9, § 705, 54 DCR 4102; Sept. 14, 2011, D.C. Law 19-21, § 1032(b), 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) repeal of section, see § 1012(b) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 4B - Office of Public Education Facilities Modernization › Subchapter II - DCPS Realty Office Transfer to OFM › § 38–471. Transfer of Public Schools Realty Office to the Office of Public Education Facilities

§ 38–471. Transfer of Public Schools Realty Office to the Office of Public Education Facilities.
(a) All functions, authority, programs, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the District of Columbia Public Schools Realty Office shall be transferred to the Office of Public Education Facilities Modernization by March 3, 2010.
(b) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the District of Columbia Public Schools Realty Office transferred to the Office of Public Education Facilities Modernization under subsection (a) of this section shall continue in effect according to their terms until lawfully amended, repealed, or modified.
(Mar. 3, 2010, D.C. Law 18-111, § 4151, 57 DCR 181.)
Emergency Legislation
For temporary (90 day) addition, see § 4151 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) addition, see § 4151 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Short Title
Short title: Section 4150 of D.C. Law 18-111 provided that subtitle P of title IV of the act may be cited as the “District of Columbia Public Schools Realty Office Transfer Act of 2009”.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5 - Immunization of School Students › § 38–502. Certification of immunization required

§ 38–502. Certification of immunization required.
(a) No student shall be admitted by a school unless the school has certification of immunization for that student, or unless the student is exempted pursuant to § 38-506.
(b) Beginning with School Year 2022-2023:
(1) All certifications of immunization provided by a healthcare professional authorized to administer a vaccine shall be submitted electronically to the public health authorities, which shall electronically transmit the certifications of immunization to the student's local education agency.
(2) All certifications of immunization for a student provided by the public health authorities shall be electronically transmitted to the student's local education agency.
(Sept. 28, 1979, D.C. Law 3-20, § 3, 26 DCR 380; Mar. 2, 2022, D.C. Law 24-85, § 2(b), 69 DCR 000440.)
Prior Codifications
1981 Ed., § 31-502.
1973 Ed., § 31-2202.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of Coronavirus Immunization of School Students and Early Childhood Workers Regulation Emergency Amendment Act of 2021 (D.C. Act 24-280, Jan. 12, 2022, 69 DCR 000425).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5 - Immunization of School Students › § 38–502.01. Certification of COVID-19 immunization. [Repealed]

§ 38–502.01. Certification of COVID-19 immunization. [Repealed]
*NOTE: This section was repealed by temporary legislation that will expire on July 10, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
Repealed.
(Sept. 28, 1979, D.C. Law 3-20, § 3a; as added Mar. 2, 2022, D.C. Law 24-85, § 2(c), 69 DCR 000440; Nov. 28, 2023, D.C. Law 25-77, § 2(b), 70 DCR 13748.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 2(b) of School Student Vaccination Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-258, Oct. 25, 2023, 70 DCR 14430).
For temporary (90 days) repeal of this section, see § 2(b) of School Student Vaccination Emergency Amendment Act of 2023 (D.C. Act 25-200, July 31, 2023, 70 DCR 10752).
For temporary (90 days) amendment of this section, see § 2 of Coronavirus Immunization of School Students Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-30, Feb. 24, 2023, 70 DCR 2965).
For temporary (90 days) amendment of this section, see § 2 of Coronavirus Immunization of School Students Emergency Amendment Act of 2022 (D.C. Act 24-669, Nov. 22, 2022, 0 DCR 0).
For temporary (90 days) creation of this section, see § 2(c) of Coronavirus Immunization of School Students and Early Childhood Workers Regulation Emergency Amendment Act of 2021 (D.C. Act 24-280, Jan. 12, 2022, 69 DCR 000425).
Temporary Legislation
For temporary (225 days) repeal of this section, see § 2(b) of School Student Vaccination Temporary Amendment Act of 2023 (D.C. Law 25-77, Nov. 28, 2023, 70 DCR 13748).
For temporary (225 days) amendment of this section, see § 2 of Coronavirus Immunization of School Students Temporary Amendment Act of 2022 (D.C. Law 24-274, Feb. 23, 2023, 69 DCR 15080).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5 - Immunization of School Students › § 38–503. Immunization standards; list of immunizations

§ 38–503. Immunization standards; list of immunizations.
*NOTE: This section includes amendments by temporary legislation that will expire on July 10, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
The Mayor shall, by regulations, specify the immunization standards to be used for compliance with this chapter, and may also, by regulation, revise the list of requested immunizations.
(Sept. 28, 1979, D.C. Law 3-20, § 4, 26 DCR 380; Mar. 2, 2022, D.C. Law 24-85, § 2(d), 69 DCR 000440; Nov. 28, 2023, D.C. Law 25-77, § 2(c), 70 DCR 13748.)
Prior Codifications
1981 Ed., § 31-503.
1973 Ed., § 31-2203.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(c) of School Student Vaccination Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-258, Oct. 25, 2023, 70 DCR 14430).
For temporary (90 days) amendment of this section, see § 2(c) of School Student Vaccination Emergency Amendment Act of 2023 (D.C. Act 25-200, July 31, 2023, 70 DCR 10752).
For temporary (90 days) amendment of this section, see § 2(d) of Coronavirus Immunization of School Students and Early Childhood Workers Regulation Emergency Amendment Act of 2021 (D.C. Act 24-280, Jan. 12, 2022, 69 DCR 000425).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(c) of School Student Vaccination Temporary Amendment Act of 2023 (D.C. Law 25-77, Nov. 28, 2023, 70 DCR 13748).
Delegation of Authority
Delegation of Authority pursuant to D.C. Law 3-20, the Immunization of School Students Act of 1979, see Mayor’s Order 2006-117, September 5, 2006 ( 53 DCR 7553).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5 - Immunization of School Students › § 38–504. Notification of immunization information by school

§ 38–504. Notification of immunization information by school.
(a) With respect to any student for whom a school does not have certification of immunization, the school shall notify a responsible person:
(1) That it has no certification of immunization for the student;
(2) That it may not admit the student without certification (unless the student is exempted on medical or religious grounds pursuant to § 38-506);
(3) That the student may be immunized and receive certification by a healthcare professional authorized to administer a vaccine or the public health authorities; and
(4) How to contact the public health authorities to learn where and when they perform these services.
(b) Neither the District of Columbia nor any school or school official shall be liable in damages to any person for failure to comply with this section.
(Sept. 28, 1979, D.C. Law 3-20, § 5, 26 DCR 380; Mar. 2, 2022, D.C. Law 24-85, § 2(e), 69 DCR 000440.)
Prior Codifications
1981 Ed., § 31-504.
1973 Ed., § 31-2204.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(e) of Coronavirus Immunization of School Students and Early Childhood Workers Regulation Emergency Amendment Act of 2021 (D.C. Act 24-280, Jan. 12, 2022, 69 DCR 000425).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5 - Immunization of School Students › § 38–505. Attendance without certification

§ 38–505. Attendance without certification.
A school shall permit a student to attend for not more than 20 school days while the school does not have certification of immunization for that student. If immunization requires a series of treatments that cannot be completed within the 20 school days, the student shall be permitted to attend school while the treatments are continuing if, within the 20 school days, the school receives written notification from whomever is administering it that the immunization is in progress.
(Sept. 28, 1979, D.C. Law 3-20, § 6, 26 DCR 380; Oct. 8, 2016, D.C. Law 21-160, § 4082, 63 DCR 10775.)
Prior Codifications
1981 Ed., § 31-505.
1973 Ed., § 31-2205.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5 - Immunization of School Students › § 38–506. Exemption from certification

§ 38–506. Exemption from certification.
No certification of immunization shall be required for the admission to a school of a student:
(1) For whom the responsible person objects in good faith and in writing, to the chief official of the school, that immunization would violate his or her religious beliefs; or
(2) For whom the school has written certification by a private physician, his or her representative, or the public health authorities that immunization is medically inadvisable.
(Sept. 28, 1979, D.C. Law 3-20, § 7, 26 DCR 380.)
Prior Codifications
1981 Ed., § 31-506.
1973 Ed., § 31-2206.
Section References
This section is referenced in § 38-502 and § 38-504.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5 - Immunization of School Students › § 38–507. Immunization plan; suspension of chapter

§ 38–507. Immunization plan; suspension of chapter.
In order to implement the requirements of this chapter efficiently, the public health authorities may develop a plan under which immunization may be made available to students according to groups defined alphabetically, geographically, or by age or grade or otherwise, and upon application of the public health authorities or the Superintendent of Schools, the Mayor may suspend for no longer than one year the application of this chapter to those groups of students to whom immunization under such a plan will not be made available soon enough to avoid barring them from admission to school.
(Sept. 28, 1979, D.C. Law 3-20, § 8, 26 DCR 380.)
Prior Codifications
1981 Ed., § 31-507.
1973 Ed., § 31-2207.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5 - Immunization of School Students › § 38–508. Severability

§ 38–508. Severability.
If any provision of this chapter or its application to any person or circumstance is held to be invalid, the remaining provisions and other applications shall not be affected.
(Sept. 28, 1979, D.C. Law 3-20, § 10, 26 DCR 380.)
Prior Codifications
1981 Ed., § 31-508.
1973 Ed., § 31-2208.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5A - Student Access to Period Products › § 38–531.01. Definitions

§ 38–531.01. Definitions.
For the purposes of this chapter, the term:
(1) "DCPS" means the agency established by § 38-171[.]
(2) "LEA" means a local education agency, which is the District of Columbia Public Schools system or an individual or a group of public charter schools operating under a single charter.
(3) "OSSE" means the Office of the State Superintendent of Education.
(4) "Period products" means a tampon, a sanitary pad, or liner.
(Mar. 15, 2022, D.C. Law 24-92, § 2, 69 DCR 000603.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2 of Expanding Student Access to Period Products Emergency Act of 2022 (D.C. Act 24-302, Jan. 24, 2022, 69 DCR 000620).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5A - Student Access to Period Products › § 38–531.02. Provision of period products

§ 38–531.02. Provision of period products.
(a)(1) Local education agencies and private schools shall install at least one dispenser or similar container for period products in:
(A) Each women's and gender-neutral bathroom in every middle school and high school; and
(B) At least one women's and one gender-neutral bathroom in every elementary school.
(2) If a school building does not have a gender-neutral bathroom, then the period products shall also be available in at least one men's bathroom.
(3) LEAs and private schools shall stock every dispenser or similar container with sufficient period products to serve the needs of the LEA or private school's students throughout the academic year and any period of summer programming offered on a school's campus.
(b) The University of the District of Columbia, private universities and colleges, and vocational schools shall:
(1) Install at least one dispenser or similar container for period products in every women's and gender-neutral bathroom; and
(2) Stock every dispenser or similar container with sufficient period products to serve the needs of students at all times throughout the calendar year.
(c) Period products required to be made available pursuant to this section shall be free of charge.
(d) In consultation with the District of Columbia Department of Health, OSSE shall develop an 8.5 inch by 11 inch sign that includes medically accurate information on the safe use and disposal of menstrual products. The sign shall be:
(1) Placed near each dispenser or similar container for period products; and
(2) Made available for downloading in PDF format on the OSSE website.
(e) Each LEA, private school, the University of the District of Columbia, private college or university, and vocational school shall install the dispensers or similar containers required by this section within one year after March 15, 2022.
(Mar. 15, 2022, D.C. Law 24-92, § 3, 69 DCR 000603.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 3 of Expanding Student Access to Period Products Emergency Act of 2022 (D.C. Act 24-302, Jan. 24, 2022, 69 DCR 000620).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 5A - Student Access to Period Products › § 38–531.03. Education on menstruation

§ 38–531.03. Education on menstruation.
(a)(1) In consultation with the State Board of Education, OSSE shall develop and implement health education standards on menstrual education designed for all students, regardless of gender, in DCPS schools and District of Columbia public charter schools, beginning in grade 4.
(2) The overarching vision of the health education standards shall be to ensure that students in the District of Columbia schools shall have the information, support, and enabling-school environment to manage menstruation with dignity, safety, and comfort.
(3) The health education standards shall include information on the menstrual cycle, premenstrual syndrome and pain management, menstrual hygiene management, menstrual disorders, menstrual irregularities, menopause, and other relevant topics relating to the menstrual cycle.
(b) OSSE shall implement the health education standards required by this section within one year of March 15, 2022.
(Mar. 15, 2022, D.C. Law 24-92, § 4, 69 DCR 000603.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 4 of Expanding Student Access to Period Products Emergency Act of 2022 (D.C. Act 24-302, Jan. 24, 2022, 69 DCR 000620).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 6 - Student Health Care › Subchapter I - General Provisions › § 38–601. Definitions

§ 38–601. Definitions.
For the purposes of this subchapter:
(1) “Adult student” and “minor student” mean those terms as they are defined in § 499 of the Board of Education Rules, effective July 29, 1977 (5 DCMR 2099).
(2) “Certified nurse practitioner” means a registered nurse who is licensed in the United States or its territories, has had postgraduate education and training in pediatrics, adolescent medicine, or the assessment and care of school-aged children, and is certified as a nurse practitioner by the American Nurses’ Association, the National Board of Pediatric Nurse Practitioners and Associates, or any other certifying organization acceptable to the Mayor.
(3) “District” means the District of Columbia.
(4) “Physician” means an individual who is licensed to practice medicine in the United States or its territories and has had postgraduate education or training in pediatrics or adolescent medicine.
(Dec. 3, 1985, D.C. Law 6-66, § 2, 32 DCR 6086.)
Prior Codifications
1981 Ed., § 31-2401.
Short Title
Short title: The first section of D.C. Law 6-66 provided: “That this act may be cited as the ‘Student Health Care Act of 1985’.”
Editor's Notes
Because of the codification of D.C. Law 7-45 as subchapter II of this chapter, and the designation of the preexisting text of this chapter as subchapter I, “subchapter” has been substituted for “chapter” in the introductory language.
Delegation of Authority
Delegation of Authority Pursuant to D.C. Law 6-66, the “Student Health Care Act of 1985”, see Mayor’s Order 2004-102, June 14, 2004 ( 51 DCR 6669).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 6 - Student Health Care › Subchapter I - General Provisions › § 38–603. Exemption for religious beliefs

§ 38–603. Exemption for religious beliefs.
Certificates of health, testing for lead poisoning and dental health shall not be required under this subchapter, and no physical, lead poisoning or dental examination shall be required by the Mayor, if a minor student’s parent or guardian or an adult student submits in good faith a written notarized statement to the principal or other appropriate school official affirming that the examination(s) in question would violate the established tenets and practices of the parent’s, guardian’s or student’s church or religious denomination.
(Dec. 3, 1985, D.C. Law 6-66, § 4, 32 DCR 6086; Oct. 15, 1993, D.C. Law 10-29, § 2(d), 40 DCR 5752.)
Prior Codifications
1981 Ed., § 31-2403.
Section References
This section is referenced in § 38-602.