reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7B - Education Preparedness › Subchapter V - Early Childhood Education › § 38–755.04. Tracking and monitoring

§ 38–755.04. Tracking and monitoring.
The Chancellor shall:
(1) Track and monitor the preparedness of:
(A) The early childhood population of children 3 and 4 years of age to determine the children’s readiness for entry and achievement in DCPS; and
(B) Children in kindergarten through 3rd grade in DCPS to determine their readiness for entry and achievement in the 4th grade;
(2) Develop a plan to address:
(A) The early childhood population of children 3 and 4 years of age who are not ready for entry and achievement in DCPS; and
(B) Children in kindergarten through 3rd grade in DCPS who are not ready for entry and achievement in the 4th grade;
(3) Conduct readiness evaluations annually to ascertain whether:
(A) Children 3 and 4 years of age are prepared for kindergarten; and
(B) Children in the 3rd grade are prepared to be promoted to the 4th grade; and
(4) Submit to the Council and the Mayor, by October 1 of each year:
(A) The results of the readiness evaluations required by paragraph (3) of this section; and
(B) A DCPS annual report for the preceding academic year delineating the progress and readiness of all students.
(June 19, 2012, D.C. Law 19-142, § 504, 59 DCR 3642.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7B - Education Preparedness › Subchapter VI - Rulemaking › § 38–756.01. Rules

§ 38–756.01. 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.
(b) Each local education agency may advise the Mayor with respect to all proposed matters or rules issued pursuant to this chapter.
(June 19, 2012, D.C. Law 19-142, § 601, 59 DCR 3642.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7B - Education Preparedness › Subchapter VII - Applicability of Chapter › § 38–757.01. Applicability. [Repealed]

§ 38–757.01. Applicability. [Repealed]
Repealed.
(June 19, 2012, D.C. Law 19-142, § 701, 59 DCR 3642; Sept. 20, 2012, D.C. Law 19-168, § 7009, 59 DCR 8025; Oct. 22, 2015, D.C. Law 21-36, § 7013, 62 DCR 10905.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-168 added the subsection (a) designation; substituted “through September 30, 2013” for “upon the inclusion of its fiscal effect in an approved budget and financial plan” in (a); and added (b).
Emergency Legislation
For temporary (90 day) amendment of section 701 of D.C. Law 19-345, see § 7009 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) amendment of section, see § 7009 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) repeal of D.C. Law 19-142, § 701, see § 7010b 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) addition of D.C. Law 20-155, § 7010b, repealing D.C. Law 19-142, § 701, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).
For temporary (90 days) repeal of D.C. Law 19-142, § 701, see § 7010b 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) addition of D.C. Law 20-155, § 7010b, repealing D.C. Law 19-142, § 701, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).
For temporary (90 days) repeal of D.C. Law 19-142 and repeal of this chapter, see § 7016(j) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Temporary Legislation
For temporary (225 days) addition of D.C. Law 20-155, § 7010b, see § 2(j) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).
Editor's Notes
Section 7016 of D.C. Law 19-168 provided that Sections 7001, 7004, 7007, 7009, 7011, and 7015 of the act shall apply as of June 19, 2012.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7C - Testing Integrity › § 38–771.01. Definitions

§ 38–771.01. Definitions.
For the purposes of this chapter, the term:
(1) “Authorized personnel” means an individual who has access to Districtwide assessment materials or is directly involved in the administration of a Districtwide assessment.
(2) “Districtwide assessments” shall have the same meaning as provided in § 38-1800.02(13); provided, that for the purposes of this chapter, the term “Districtwide assessment” means assessments used only for accountability purposes.
(3) “IEP” means a student’s individualized education program.
(4) “ELL” means English language learner.
(5) “Local education agency” or “LEA” means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.
(6) “Test monitor” means an individual designated by a local education agency to be responsible for testing integrity and security at each individual school subject to the LEA’s control during the administration of a Districtwide assessment.
(7) “OSSE” means the Office of the State Superintendent of Education.
(8) “Test integrity coordinator” means an individual designated by a LEA to be responsible for testing integrity and security for the LEA in its entirety during the administration of a Districtwide assessment.
(9) “Testing integrity and security notification statement” means a statement developed by OSSE that:
(A) Sets forth requirements for ensuring integrity of Districtwide assessments pursuant to District law and regulation; and
(B) Notifies the recipient that knowingly and willingly violating a District law, regulation, or test security plan could result in civil liability, including the loss of an OSSE-granted certification or license.
(Oct. 17, 2013, D.C. Law 20-27, § 101, 60 DCR 11120; Jan. 9, 2016, D.C. Law 21-44, § 2(a), 62 DCR 14236.)
Section References
This section is referenced in § 38-2602.
Effect of Amendments
The 2016 amendment by D.C. Law 21-44 added “provided, that for the purposes of this act, the term ‘Districtwide assessment’ means assessments used only for accountability purposes” in (2); and rewrote (9).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7C - Testing Integrity › § 38–771.02. LEA administration of Districtwide assessments

§ 38–771.02. LEA administration of Districtwide assessments.
(a) A LEA responsible for administering a Districtwide assessment shall meet the requirements of § 38-2602(b)(20).
(b) In addition to the requirements of subsection (a) of this section, a LEA shall:
(1) File the school test security plan required by § 38-2602(b)(20), with OSSE for each school or campus under the LEA’s control at least 15 days before the administration of the first Districtwide assessment of a school year;
(2) Designate a test integrity coordinator and test monitors;
(3) Immediately report any breach of security, loss of materials, failure to account for materials, or any other deviation from the test security plan to OSSE;
(4) Investigate, document, and report to OSSE any findings and recommendations for the remediation of an allegation of the failure of the test security plan or other testing integrity and security protocol;
(5) Within 10 days after the conclusion of the last Districtwide assessment of the school year, obtain signed, under penalty of law, affidavits from the LEA’s test integrity coordinator and each of the LEA’s test monitors attesting that, to the best of his or her knowledge or belief, the LEA complied with all applicable laws, regulations, and policies, including the test security plan; and
(6) Within 15 days after the conclusion of the last Districtwide assessment of the school year, file with OSSE the affidavits required by paragraph (5) of this subsection.
(c) No employee of a LEA shall retaliate against any other employee, parent, or student solely because that individual reports or participates in an investigation of a potential failure of the test security plan or other testing integrity and security policy or protocol.
(Oct. 17, 2013, D.C. Law 20-27, § 102, 60 DCR 11120; Jan. 9, 2016, D.C. Law 21-44, § 2(b), 62 DCR 14236.)
Effect of Amendments
The 2016 amendment by D.C. Law 21-44 rewrote (b)(1); substituted “of the last Districtwide assessment of the school year” for “of a Districtwide Assessment” in (b)(5); and rewrote (b)(6).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7C - Testing Integrity › § 38–771.04. Test integrity; sanctions

§ 38–771.04. Test integrity; sanctions.
(a) A LEA, or school subject to the LEA’s control, that is determined by OSSE to have violated this chapter, regulations issued pursuant to this chapter, or a test security plan shall be subject to sanctions, which shall include:
(1) The payment of any expenses incurred by OSSE as a result of the violation, including the costs associated with developing, in whole or in part, a new assessment;
(2) An administrative fine of not more than $10,000 for each violation; and
(3) The invalidation of test scores.
(b) A person who knowingly and willfully violates, assists in the violation of, solicits another to violate or assist in the violation of the provisions of this chapter, regulations issued pursuant to this chapter, or test security plan, or fails to report such a violation, shall be subject to sanctions, which shall include:
(1) Denial, suspension, revocation, or cancellation of, or restrictions on the issuance or renewal of a teaching or administrative credential or teaching certificate issued by OSSE, or both, for a period of not less than one year;
(2) Payment of expenses incurred by the LEA or OSSE as a result of the violation; or
(3) An administrative fine, not to exceed $1,000 for each violation.
(c) When determining sanctions, OSSE may take into account:
(1) The seriousness of the violation;
(2) The extent of the violation;
(3) The role the individual played in the violation;
(4) The LEA leadership’s involvement;
(5) How and when the violation was reported to OSSE; and
(6) The actions taken by the LEA since the violation was reported to OSSE.
(Oct. 17, 2013, D.C. Law 20-27, § 104, 60 DCR 11120.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7C - Testing Integrity › § 38–771.05. Right to administrative review

§ 38–771.05. Right to administrative review.
Any person aggrieved by a final decision or order of OSSE imposing sanctions following a determination by OSSE that a violation of this chapter has occurred may obtain a review of the final decision or order in accordance with regulations issued by the Mayor pursuant to § 38-771.06 or the process set forth in § 38-771.07, whichever is applicable; provided, that if the aggrieved party is a member of a collective bargaining unit, he or she may choose between the negotiated grievance process set forth in a collective bargaining agreement and the grievance process set forth in § 38-771.07 or in regulations issued by the Mayor pursuant to § 38-771.06, whichever is applicable.
(Oct. 17, 2013, D.C. Law 20-27, § 105, 60 DCR 11120.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7C - Testing Integrity › § 38–771.06. Rulemaking

§ 38–771.06. Rulemaking.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement this chapter.
(b) The proposed rules shall be submitted to the Council for a 14-day period of review. If the Council does not approve or disapprove the proposed rules, by resolution, within the 14-day review period, the proposed rules shall be deemed approved.
(Oct. 17, 2013, D.C. Law 20-27, § 106, 60 DCR 11120; Jan. 9, 2016, D.C. Law 21-44, § 2(d), 62 DCR 14236.)
Section References
This section is referenced in § 38-771.05 and § 38-771.07.
Effect of Amendments
The 2016 amendment by D.C. Law 21-44 substituted “14-day” for “45-day” twice in (b).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7C - Testing Integrity › § 38–771.07. Due process

§ 38–771.07. Due process.
(a) Until rules are issued pursuant to § 38-771.06, any party aggrieved by a final decision or order of OSSE imposing sanctions following a determination by OSSE that a violation of this chapter has occurred may obtain a review of the final decision or order by filing a written notice of appeal to the Mayor within 10 calendar days from the date on which OSSE imposed the sanction being contested.
(b) The written notice of appeal shall contain the following information:
(1) The type and the effective date of the sanction imposed;
(2) The name, address, and telephone number of the aggrieved party or the aggrieved party’s representative, if any;
(3) A copy of OSSE’s notice of final decision;
(4) A statement as to whether the aggrieved party or anyone acting on his or her behalf has filed an appeal under any negotiated review procedure pursuant to a collective bargaining agreement, or has filed a complaint with any other agency regarding this matter;
(5) The identity of the collective bargaining unit, if any, of which the aggrieved party is a member;
(6) A statement as to whether the aggrieved party requests a hearing;
(7) A concise statement of the facts giving rise to the appeal;
(8) An explanation as to why the aggrieved party believes OSSE’s action was unwarranted and any supporting documentation;
(9) A statement of the specific relief the aggrieved party is requesting; and
(10) The signature of the aggrieved party and his or her representative, if any.
(c) If a hearing is requested, the Mayor shall hold a hearing within 30 calendar days after the receipt of the notice of appeal and hearing request and shall issue a written ruling no later than 10 calendar days after the hearing. If no hearing is requested, the Mayor shall issue a written ruling within 30 days of receipt of the notice of appeal.
(d) Appeals filed pursuant to this section, and any hearings held, shall be administered in accordance with § 2-501 et seq.
(e) For the purposes of this section, a notice of appeal is considered received on the date it was postmarked.
(Oct. 17, 2013, D.C. Law 20-27, § 107, 60 DCR 11120.)
Section References
This section is referenced in § 38-771.05.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7D - Student Promotion › § 38–781.01. Definitions

§ 38–781.01. Definitions.
For the purposes of this chapter, the term:
(1) “Chancellor” means the chief executive officer of DCPS, as established by § 38-174.
(2) “DCMR” means the District of Columbia Municipal Regulations.
(3) “DCPS” means the District of Columbia Public Schools agency established by § 38-171.
(4) “Parent” means a natural parent, adoptive parent, step-parent, or any person who has legal custody of a student by court order.
(5) “Passing grade” means:
(A) For pre-kindergarten through 5th grade, achieving proficient or advanced grades in a subject or content area; and
(B) For 6th through 12th grade, receiving credit for a course.
(6) “Principal” means a principal at a DCPS school.
(7) “Promoted” describes students in pre-kindergarten through 11th grade who are advanced to the next grade level.
(8) “Promotion” means advancement to the next grade level for students in pre-kindergarten through grade 11.
(9) “Retained” describes students who are required to repeat their current grade level due to their failure to meet promotion criteria.
(10) “Retention” means repetition of a student’s current school grade level due to the student’s failure to meet promotion criteria.
(11) “School year” means the school term beginning in August of one year and ending in the following year. The term “school year” does not include summer school.
(12) “Subject” and “content area” mean a particular course of study, such as mathematics, English language arts, writing, or literature.
(Feb. 22, 2014, D.C. Law 20-84, § 202, 61 DCR 178.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7D - Student Promotion › § 38–781.02. Student retention and promotion

§ 38–781.02. Student retention and promotion.
(a) In accordance with the requirements of this chapter or as set forth in the DCMR, a DCPS student can be retained at any grade level.
(b)(1) Decisions regarding the promotion and retention of a DCPS student enrolled in pre-kindergarten through 8th grade shall be made by the student’s principal based upon the recommendation of the student’s teacher and in consideration of the promotion requirements set forth in the DCMR.
(2) A DCPS student enrolled in 9th grade through 11th grade shall be promoted if the student meets the promotion requirements as set forth in the DCMR.
(c) Notwithstanding subsection (b) of this section:
(1) A principal may:
(A) Retain any student who does not meet the promotion requirements set forth in the DCMR; and
(B) Promote a student who has failed to meet the promotion requirements set forth in the DCMR; provided, that the principal submits a written explanation justifying the decision to the Chancellor before the promotion is made; and
(2) No student with more than 30 unexcused absences in a school year shall be promoted unless the principal submits a written explanation justifying the decision to the Chancellor before the promotion is made.
(d) The Chancellor may develop separate promotion criteria for students who are enrolled in an English language learner program or receive special education services.
(Feb. 22, 2014, D.C. Law 20-84, § 203, 61 DCR 178.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7D - Student Promotion › § 38–781.03. Reporting requirements

§ 38–781.03. Reporting requirements.
Within 30 calendar days after the end of the school year, the Chancellor shall submit to the Office of the State Superintendent of Education the name of each:
(1) Student who was identified as at risk of retention pursuant to 5-E DCMR § 2200.9 and a description of intervention services provided to the student; and
(2) Retained student, the underlying reason for the retention decision, and whether the student was identified as at risk of retention pursuant to the requirements of 5-E DCMR § 2200.9.
(Feb. 22, 2014, D.C. Law 20-84, § 204, 61 DCR 178.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7D - Student Promotion › § 38–781.04. Review; appeals

§ 38–781.04. Review; appeals.
(a) The Chancellor shall establish procedures to review retention decisions made pursuant to this chapter or as set forth in the DCMR and may review all retention decisions made pursuant to the procedures.
(b) The Chancellor shall establish a process, including deadlines, to allow the parent of a student to be retained for failure to meet the promotion criteria specified in the DCMR to appeal the retention decision on the grounds that the student has met the promotion criteria.
(Feb. 22, 2014, D.C. Law 20-84, § 205, 61 DCR 178.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7D - Student Promotion › § 38–781.05. Summer school

§ 38–781.05. Summer school.
(a)(1) Each student retained for the failure to meet the promotion criteria specified in the DCMR shall attend the summer school session immediately following the school year in which the student was retained, unless specifically excused by the principal or the Chancellor.
(2) A student who attends summer school pursuant to this section shall be reevaluated for promotion if the student:
(A) Does not have more than 3 unexcused absences from summer school; and
(B) Receives a passing grade in the subject or content area for which the student did not achieve a passing grade during the school year.
(3) A student who meets the promotion criteria set forth in the DCMR after the completion of summer school shall be promoted.
(b) In addition to those students identified to attend summer school pursuant to subsection (a) of this section, each principal shall provide to the Chancellor before the summer school registration deadline a list of the names of all students who the principal believes could benefit from summer school.
(Feb. 22, 2014, D.C. Law 20-84, § 206, 61 DCR 178.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 603 of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).
For temporary (90 days) amendment of this section, see § 603 of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) amendment of this section, see § 603 of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 603 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 603 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
For temporary (90 days) amendment of this section, see § 401 of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 603 of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) amendment of this section, see § 603 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7D - Student Promotion › § 38–781.06. Rules

§ 38–781.06. Rules.
The Chancellor, pursuant to § 38-174(c)(5), shall issue rules to implement the provisions of this chapter.
(Feb. 22, 2014, D.C. Law 20-84, § 207, 61 DCR 178.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7E - District of Columbia Education Research Practice Partnership › § 38–785.01. Definitions

§ 38–785.01. Definitions.
For the purposes of this chapter, the term:
(1) "Advisory Committee" means the body established pursuant to § 38-785.04.
(2) "DCPS" means the District of Columbia Public Schools.
(3) "LEA" means the local education agency, which is DCPS or any individual public charter school or group of public charter schools operating under a single charter.
(4) "OSSE" means the Office of the State Superintendent of Education.
(5) "Partnership" means the District of Columbia Education Research Practice Partnership formed pursuant to this chapter and which is an independent, non-governmental entity.
(6) "PCSB" means the Public Charter School Board.
(Mar. 28, 2019, D.C. Law 22-268, § 102, 66 DCR 1431.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 7E - District of Columbia Education Research Practice Partnership › § 38–785.02. Establishment of District of Columbia Education Research Practice Partnership

§ 38–785.02. Establishment of District of Columbia Education Research Practice Partnership.
(a) The District of Columbia Education Research Practice Partnership shall consist of an independent, non-governmental entity selected through the competitive process as established in § 38-785.03 and subject to a master research services agreement entered into with the District pursuant to subsection (c) of this section.
(b) The Partnership shall conduct independent education-related research that will support improvement in the District's public schools, and shall publicly report the findings of the research, and will also benefit the Council's legislative and oversight responsibilities.
(c)(1) Within 60 days of the independent, non-governmental entity being chosen pursuant to § 38-785.03, the District shall enter into a master research services agreement ("Agreement"), encompassing data collection, sharing, ownership, and confidentiality, with the chosen independent, non-governmental entity for the purpose of enabling the Partnership to carry out its purposes.
(2) The Agreement also shall set forth in broad terms the general scope of services and the process for developing research projects. The Agreement shall not direct the research agenda or any specific research projects.
(3) The Agreement shall be updated at least once every 5 years or as needed.
(d) Notwithstanding § 1-328.13, in Fiscal Year 2023 no later than November 15, 2022, the Deputy Mayor for Education shall issue a grant to the Partnership in the amount of $400,000.
(Mar. 28, 2019, D.C. Law 22-268, § 103, 66 DCR 1431; Sept. 21, 2022, D.C. Law 24-167, § 4122(a), 69 DCR 009223.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4122(a) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8 - Public School Food Services › § 38–801. Department of Food Services. [Repealed]

§ 38–801. Department of Food Services. [Repealed]
Repealed.
(Oct. 8, 1951, 65 Stat. 367, ch. 448, title I, § 1; Apr. 12, 1997, D.C. Law 11-259, § 313, 44 DCR 1423; Oct. 19, 2000, D.C. Law 13-172, § 705, 47 DCR 6308; Aug. 17, 2016, D.C. Law 21-143, § 10, 63 DCR 7589.)
Prior Codifications
1981 Ed., § 31-801.
1973 Ed., § 31-1401.
Section References
This section is referenced in § 38-806.
Effect of Amendments
D.C. Law 13-172 deleted the former second sentence providing: “Contracting for services, supplies, or equipment shall be done through the office of Contracting and Procurement”.
Cross References
School cafeterias and restaurants, applicability of restaurant license law, see § 47-2827.
Emergency Legislation
For temporary (90-day) amendment of section, see § 705 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90-day) amendment of section, see § 705 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8 - Public School Food Services › § 38–802. Powers of Board. [Repealed]

§ 38–802. Powers of Board. [Repealed]
Repealed.
(Oct. 8, 1951, 65 Stat. 367, ch. 448, title I, § 2; Oct. 25, 1968, 82 Stat. 1363, Pub. L. 90-640, § 1; Mar. 3, 1979, D.C. Law 2-139, § 3204(c), 25 DCR 5740; June 14, 1980, D.C. Law 3-70, § 7(k)(1), 27 DCR 1776; Aug. 17, 2016, D.C. Law 21-143, § 10, 63 DCR 7589.)
Prior Codifications
1981 Ed., § 31-802.
1973 Ed., § 31-1402.
Section References
This section is referenced in § 1-636.02.
References in Text
“The District of Columbia Teachers’ Salary Act of 1955 as amended,” referred to in paragraph (1) of this section, refers to the Act of August 5, 1955, 69 Stat. 521, ch. 569.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8 - Public School Food Services › § 38–803. Service credit for retirement; deposits. [Repealed]

§ 38–803. Service credit for retirement; deposits. [Repealed]
Repealed.
(Oct. 8, 1951, 65 Stat. 368, ch. 448, title I, § 3; Oct. 25, 1951, 65 Stat. 637, ch. 560, § 3; Aug. 5, 1955, 69 Stat. 536, ch. 575, § 1; Aug. 17, 2016, D.C. Law 21-143, § 10, 63 DCR 7589.)
Prior Codifications
1981 Ed., § 31-803.
1973 Ed., § 31-1403.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8 - Public School Food Services › § 38–804. Deposit of revenues and receipts. [Repealed]

§ 38–804. Deposit of revenues and receipts. [Repealed]
Repealed.
(Oct. 8, 1951, 65 Stat. 369, ch. 448, title I, § 5; Oct. 25, 1968, 82 Stat. 1363, Pub. L. 90-640, § 2; June 14, 1980, D.C. Law 3-70, § 7(k)(2), 27 DCR 1776; Sept. 14, 2011, D.C. Law 19-21, § 9056, 58 DCR 6226; Aug. 17, 2016, D.C. Law 21-143, § 10, 63 DCR 7589.)
Prior Codifications
1981 Ed., § 31-804.
1973 Ed., § 31-1404.
Section References
This section is referenced in § 38-806.
Effect of Amendments
D.C. Law 19-21 substituted “the fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia” for “the year shall be reserved as a restricted fund balance and used to provide authorization to expend for subsequent years subject to the direction of the Board of Education”.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8 - Public School Food Services › § 38–805. Equipment appropriations. [Repealed]

§ 38–805. Equipment appropriations. [Repealed]
Repealed.
(Oct. 8, 1951, 65 Stat. 369, ch. 448, title I, § 6; Sept. 2, 1958, 72 Stat. 1735, Pub. L. 85-901, § 1; Oct. 25, 1968, 82 Stat. 1363, Pub. L. 90-640,§ 3; Aug. 17, 2016, D.C. Law 21-143, § 10, 63 DCR 7589.)
Prior Codifications
1981 Ed., § 31-805.
1973 Ed., § 31-1405.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8 - Public School Food Services › § 38–806. National School Lunch Act. [Repealed]

§ 38–806. National School Lunch Act. [Repealed]
Repealed.
(Oct. 8, 1951, 65 Stat. 370, ch. 448, title I, § 8; June 14, 1980, D.C. Law 3-70, § 7(k)(4), 27 DCR 1776; Aug. 17, 2016, D.C. Law 21-143, § 10, 63 DCR 7589.)
Prior Codifications
1981 Ed., § 31-806.
1973 Ed., § 31-1407.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8 - Public School Food Services › § 38–808. Distribution of commodities. [Repealed]

§ 38–808. Distribution of commodities. [Repealed]
Repealed.
(Oct. 8, 1951, 65 Stat. 370, ch. 448, title II, § 201; Oct. 21, 2000, D.C. Law 13-176, § 8(b), 47 DCR 6835; Aug. 17, 2016, D.C. Law 21-143, § 10, 63 DCR 7589.)
Prior Codifications
1981 Ed., § 31-808.
1973 Ed., § 31-1409.
Section References
This section is referenced in § 38-809.
Effect of Amendments
D.C. Law 13-176 authorized substitution of State Education Office for Board of Education where appearing in this section.
References in Text
Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.
Editor's Notes
Office of Collector of Taxes abolished: The Office of the Collector of Taxes was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. All functions of the Office of the Collector of Taxes including the functions of all officers, employees, and subordinate agencies were transferred to the Director, Department of General Administration by Reorganization Order No. 3, dated August 28, 1952. Reorganization Order No. 20, dated November 10, 1952, transferred the functions of the Collector of Taxes to the Finance Office. The same Order provided for the Office of the Collector of Taxes headed by a Collector in the Finance Office, and abolished the previously existing Office of the Collector of Taxes. Reorganization Order No. 20 was superseded and replaced by Organization Order No. 121, dated December 12, 1957, which provided that the Finance Office consisting of the Office of the Finance Officer, Property Tax Division, Revenue Division, Treasury Division, Accounting Division, and Data Processing Division would continue under the direction and control of the Director of General Administration, and that the Treasury Division would perform the function of collecting revenues of the District of Columbia and depositing the same with the Treasurer of the United States. Organization Order No. 121 was revoked by Organization Order No. 3, dated December 13, 1967, Part IVC of which prescribed the functions of the Finance Office within a newly established Department of General Administration. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions of the Finance Office as stated in Part IVC of Organization Order No. 3 were transferred to the Director of the Department of Finance and Revenue by Commissioner’s Order No. 69-96, dated March 7, 1969.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8 - Public School Food Services › § 38–809. Appropriations for distribution of commodities. [Repealed]

§ 38–809. Appropriations for distribution of commodities. [Repealed]
Repealed.
(Oct. 8, 1951, 65 Stat. 370, ch. 448, title II, § 202; Aug. 17, 2016, D.C. Law 21-143, § 10, 63 DCR 7589.)
Prior Codifications
1981 Ed., § 31-809.
1973 Ed., § 31-1410.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8A - Healthy Schools › Subchapter II - School Nutrition › § 38–822.01. General goals and standards

§ 38–822.01. General goals and standards.
(a)(1) Public schools, public charter schools, and participating private schools shall:
(A) Serve nutritious and well-balanced meals to students.
(B)(i) Provide meals with a vegetarian food option as the main course for breakfast and lunch every day at all grade levels;
(ii) Rotate main course vegetarian food options daily to avoid repetition; and
(iii) Clearly label or identify meals that contain only vegetarian food options as vegetarian; and
(C) Reasonably accommodate religious and non-medical dietary restrictions.
(2) A "school food authority", as defined in 7 C.F.R. § 210.2, shall not require a student requesting a plant-based food option, or other non-medical dietary accommodation, to obtain a note from a doctor.
(b) Public schools, public charter schools, and participating private schools are encouraged to serve plant-based food option as the main course at breakfast and lunch each day to each student.
(c) Public schools, public charter schools, and participating private schools are strongly encouraged to procure food in a manner consistent with the Good Food Purchasing Program's core values.
(July 27, 2010, D.C. Law 18-209, § 201, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(c), 58 DCR 6841; Mar. 13, 2019, D.C. Law 22-240, § 2(c), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)
Effect of Amendments
D.C. Law 19-37, in subsecs. (a) and (b), substituted “Public schools, public charter schools, and participating private schools” for “Public schools and public charter schools”.
Applicability
Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.
Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(c) of D.C. Law 22-240 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 applicability provision of D.C. Law 22-240, see § 7160 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) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
For temporary (90 day) amendment of section, see § 2(c) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8A - Healthy Schools › Subchapter II - School Nutrition › § 38–822.04. Central kitchen. [Repealed]

§ 38–822.04. Central kitchen. [Repealed]
Repealed.
(July 27, 2010, D.C. Law 18-209, § 204, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(f), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(d), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(f), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)
Effect of Amendments
D.C. Law 19-37 added subsec. (d).
The 2012 amendment by D.C. Law 19-168 substituted “Department of General Services” for “Department of Real Estate Services” in (c).
Applicability
Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the repeal of this section by D.C. Law 22-240 has been implemented.
Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the repeal of this section by § 2(f) of D.C. Law 22-240 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 applicability provision of D.C. Law 22-240, see § 7160 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) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
For temporary (90 day) amendment of section, see § 2(f) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).
For temporary (90 day) amendment of section, see § 4062(d) 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) amendment of section, see § 4062(d) 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 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8A - Healthy Schools › Subchapter II - School Nutrition › § 38–822.04a. Central kitchen report

§ 38–822.04a. Central kitchen report.
(a) Within 90 days of October 1, 2019, the Office of Planning shall submit a report to the Mayor and the Council describing best practices for developing a central kitchen in the District to:
(1) Prepare, process, grow, and store healthy and nutritious foods for schools and nonprofit organizations;
(2) Support nutrition education programs; and
(3) Provide job-training programs for students and District residents.
(b) The report required by subsection (a) of this section shall:
(1) Include research and case studies on central kitchen facilities in other jurisdictions;
(2) Identify any agencies that should design, build, or manage a central kitchen facility; and
(3) Consider how a central kitchen facility could assist other facilities serving meals, such as child development centers, senior centers, recreation centers, and corrections facilities.
(July 27, 2010, D.C. Law 18-209, § 204a; as added Mar. 13, 2019, D.C. Law 22-240, § 2(g), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)
Applicability
Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the creation of this section by D.C. Law 22-240 has been implemented.
Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the creation of this section by § 2(g) of D.C. Law 22-240 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 applicability provision of D.C. Law 22-240, see § 7160 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) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
Editor's Notes
For a requirement that in Fiscal Year 2023, the Office of Planning ("OP") shall oversee the execution of a siting and feasibility study for a central food processing facility ("CFPF") in the District, see section 2042 of D.C. Act 24-470.
For a requirement that in Fiscal Year 2023, the Office of Planning ("OP") shall oversee the execution of a siting and feasibility study for a central food processing facility ("CFPF") in the District, see section 2042 of D.C. Act 24-470.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8A - Healthy Schools › Subchapter II - School Nutrition › § 38–822.07. Triennial review

§ 38–822.07. Triennial review.
The Healthy Youth and Schools Commission shall review school nutrition and the requirements of this title at least every 3 years and recommend improvements to the Mayor and the Council.
(July 27, 2010, D.C. Law 18-209, § 207, 57 DCR 4779; Mar. 13, 2019, D.C. Law 22-240, § 2(j), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)
Applicability
Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.
Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(j) of D.C. Law 22-240 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 applicability provision of D.C. Law 22-240, see § 7160 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) repeal of applicability provision of D.C. Law 22-240, see § 7160 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 8A - Healthy Schools › Subchapter II - School Nutrition › § 38–822.08. DC Free Summer Meals Program report

§ 38–822.08. DC Free Summer Meals Program report.
The Office of the State Superintendent of Education and the Department of Parks and Recreation shall submit a joint report to the Mayor and the Council on strategies to increase participation in the DC Free Summer Meals Program by January 1, 2020.
(July 27, 2010, D.C. Law 18-209, § 208; as added Mar. 13, 2019, D.C. Law 22-240, § 2(k), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)
Applicability
Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the creation of this section by D.C. Law 22-240 has been implemented.
Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the creation of this section by § 2(k) of D.C. Law 22-240 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 applicability provision of D.C. Law 22-240, see § 7160 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) repeal of applicability provision of D.C. Law 22-240, see § 7160 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 8A - Healthy Schools › Subchapter III - Farm-to-School Program › § 38–823.01. Local food sourcing, reimbursement, and education

§ 38–823.01. Local food sourcing, reimbursement, and education.
Public schools and public charter schools shall serve locally grown, locally processed, and unprocessed foods from growers engaged in sustainable agriculture practices whenever possible. Preference shall be given to fresh unprocessed agricultural products grown and processed in the District of Columbia, Maryland, and Virginia.
(July 27, 2010, D.C. Law 18-209, § 301, 57 DCR 4779.)
Section References
This section is referenced in § 38-826.02.
Emergency Legislation
For temporary (90 day) addition of section, see § 4062(g) 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) addition of section, see § 4062(g) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 8A - Healthy Schools › Subchapter III - Farm-to-School Program › § 38–823.01b. Good Food Purchasing Program

§ 38–823.01b. Good Food Purchasing Program.
(a) Before December 31, 2019, the District of Columbia Public Schools ("DCPS") shall conduct a Good Food Purchasing Program ("GFPP") baseline assessment to determine how DCPS can better meet the GFPP core values.
(b) DCPS shall use findings from the assessment required under subsection (a) of this section to increase food procurement consistent with the GFPP's core values.
(c) Before December 31, 2020, and annually thereafter, DCPS shall complete a follow-up assessment to demonstrate progress toward the GFPP core values.
(July 27, 2010, D.C. Law 18-209, § 301b; as added Mar. 13, 2019, D.C. Law 22-240, § 2(m), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)
Applicability
Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the creation of this section by D.C. Law 22-240 has been implemented.
Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the creation of this section by § 2(m) of D.C. Law 22-240 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 applicability provision of D.C. Law 22-240, see § 7160 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) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).