Title I. Definitions
Title II. Findings
Title III. Purposes
Title IV. Local School Commission
Title V. School Improvement Plan
Title VI. Monitoring
Title VII. Funding and Appropriation
Title VIII. Rulemaking and Implementation
Title IX. Fiscal Impact
Title X. Effective Date
Councilmember Frank Smith, Jr.
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To improve the quality of public education in the District of Columbia
by establishing Local School Commission to provide parents, principals, teachers, and the
local school communities with an expanded role in the direct administration of schools; to
grant individual principals the professional authority and independence to make
administrative decisions regarding their schools; to enable public schools to compete by
putting them in equal administrative circumstances as private or charter schools.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the “District of Columbia Public Schools Administrative Reform and Community
Accountability Act of 1998”.
TITLE I. DEFINITIONS
For the purposes of this act, the term:
(1) “Authority” means the District of Columbia Financial
Responsibility and Management
Assistance Authority established under section 101(a) of the District of Columbia
Financial Responsibility and Management Assistance Authority Act of 1995, approved April
17, 1995 (109 Stat. 116; D.C. Code §47-392.3(c))
(2) “Board” means the District of Columbia Board of
Education.
(3) “Control year” means any fiscal year for which a
financial plan and budget approved by the Authority is in effect and includes fiscal year
1996.
(4) “Commission” means a local school Commission established
by this act.
(5) “Mayor” means the Mayor of the District of Columbia.
(6) “Non-resident student” means a student who attends a D.C.
Public School and does not have a parent residing in the District of Columbia.
(7) “Parent” means a person who has custody of a child
attending a public school, who is a natural parent of the child, a stepparent of the
child, has adopted the child, or appointed as a guardian for the child by a court of
competent jurisdiction.
(8) “Public school” means a public school under the authority
and control of the Board.
(9) “Superintendent” means the Superintendent of the District
of Columbia Public Schools.
(10) “Teacher” means any person employed as a teacher by the
Board.
TITLE II. FINDINGS
The Council of the District of Columbia finds that:
(l) Strategies must be developed for revitalization of public schools
in the District of Columbia by fundamentally changing the administrative system of public
education through comprehensive, coherent, and coordinated improvement towards the
objective of increasing student learning and providing all students with effective
mechanisms and appropriate paths to the work force and to higher education.
(2) Encouraging educational excellence is in the best interest of the
people of the District of Columbia.
(3) Educational excellence can be achieved when schools compete for
students, when teachers can choose where to teach, and when each public school has control
over its administration, operations, and expenditures.
(4) The District of Columbia has educators, members of the community,
parents, and teachers who can offer innovative educational techniques and programs through
independent means.
(5) Parents and teachers associated with individual public schools must
be involved in developing strategies to improve student performance.
(6) Simultaneous top-down and bottom-up administrative reform is
necessary to spur creative and innovative approaches by individual public schools to help
all students achieve nationally and internationally competitive standards.
(7)Local public schools must be given more autonomy over their
administration, operations, and expenditures but must be held accountable for the manner
in which they exercise that autonomy.
TITLE III. PURPOSES
The statutory purposes of this act are to:
(l) To improve the quality of learning by making public schools
nationally and internationally competitive in terms of student performance and curriculum
standards;
(2) Increase learning opportunities for all students;
(3) Encourage diverse approaches in learning and education, including
appropriate and innovative use of technology;
(4) Stimulate the use and development of different and innovative
teaching methods designed to achieve student performance and curriculum standards
specified in a school’s improvement and measured by standardized tests or assessments
administered by the Board or the Superintendent .
(5) Create new professional-opportunities for-teachers, including the
opportunity to be responsible for the learning program used by a public school;
(6) Provide parents, teachers, and students with expanded role in the
administration of their local schools;
(7) Hold principals and their teachers accountable for achieving
student performance levels as specified by the Commission and the Board;
(8) Provide public schools with a method to change from the traditional
rule-based to performance-based accountability systems; and
(9) Offer the District with administratively independent public schools
that are accountable to the community that they serve.
TITLE IV. LOCAL SCHOOL COMMISSION
Sec. 401. Establishment
(a) There shall be established in each public school, a Local School
Commission to act as trustees for the public school. Each Local School Commission shall
consist of the following voting members: the principal of the school, 2 teachers employed
and assigned to perform the majority of their duties at the school; 6 parents of students
currently enrolled in the school; and 2 community residents. In each high school, the
Local School Commission shall consist of 12 members: the l l members described above and l
full-time student appointed according to the provisions of this act.
(b) Neither the parents nor the community residents who serve as
members of the Local School Commission shall be employees of the Board.
Sec. 402. Power and duties
Notwithstanding any other provisions of the law, the Commission shall
have and exercise the following powers:
(a) To directly select for the school, a principal who shall serve on a
two-year performance contract.
(b) To evaluate the performance of the principal of the school taking
into consideration the annual performance evaluation of the principal conducted by the
Superintendent and determine whether the performance contract of the principal should be
renewed. In the event the Commission does not renew the performance contract of the
principal, or the principal fails to attain a satisfactory rating by the Superintendent,
or the principal is removed for cause during the term of his or her performance contract,
or a vacancy otherwise occurs prior to the expiration of the terms of the performance
contract of a principal; and the Commission fails to select a new principal within 30 days
of the vacancy, the Commission shall submit to the Superintendent, a list of 5 candidates
listed in the Commission’s order of preference. The Superintendent shall select one of the
candidates to serve as the principal of the school on a two-year performance contract. If
within 15 days, the Superintendent fails or refuses to select a principal among the list
of candidate, the person on top of the preferred list shall be appointed as the principal
of the school on a one-year performance contract.
(c) To establish additional criteria to be included as part of the
evaluation criteria for principal provided that such criteria shall not discriminate on
the basis of race, sex, creed, color or disability unrelated to ability to perform. The
additional criteria shall be used by the Superintendent in the annual evaluation of the
principal.
[(d) missing]
(e) To appoint a Financial Officer for the school with the consent and
approval of the Board. In a control year, the appointment of the school’s Financial
Officer shall be by the District’s Chief Financial Officer to whom the Financial officer
shall report.
(f) To approve the expenditure plan prepared by the Financial Officer
in conjunction with the principal with respect to all funds allocated and distributed to
the school by the Board and those funds raised through private donations, grants, gifts,
or other devices. To approve, in accordance with Board rules and policies, receipts and
expenditures for all internal accounts of the school and to approve all fundraising
activities by nonschool organizations.
(g) To make recommendations to the principal concerning textbook
selection and curriculum developed pursuant to the school improvement plan which is
consistent with system-wide curriculum objectives adopted by the Board.
(h) To advise the principal concerning the attendance and disciplinary
policies for the school subject to the provisions of the law and consistent with uniform
system of discipline established by the Board.
(i) To approve a school improvement plan developed according to this
act. The process and schedule for plan development shall be publicized in the entire
school community and the community shall be afforded the opportunity to make
recommendations concerning the plan. At least twice a year, the local school Commission
shall report publicly on progress and problems with respect to plan implementation.
(j) To evaluate the allocation of teaching resources and other
certificated and uncertificated staff of the school to determine whether such allocation
is consistent with and in furtherance of instructional objectives and school program
reflective of the school improvement plan adopted for the school.
(k) To grant, in accordance with Board rules and policies, the use of
the school facility for public meetings, concerts and other social or religious activities
when not otherwise needed for academic purposes.
Sec. 403. Manner of Operation
Each local school Commission shall be administered as follows:
(a) There shall be an annual organization meeting to be held at the school no sooner
than July 1 and no later than July 14 of each year. At the annual organization meeting, a
parent member of the Commission shall be selected by the members of the Commission as its
Chairman and a Secretary shall be selected among its members. Whenever a vacancy in the
office of chairman or secretary shall occur, a new Chairman who shall be a parent or
secretary as the case may be, shall be selected among the members to serve the unexpired
term of the office. At the annual meeting, the time and place of the regular meetings
shall be fixed. Special meeting of the Commission may be called by the Chairman or any 4
members of the Commission giving notice thereof in writing, specifying the time, place and
purpose of the meeting. Public notice of the meeting shall also be given in accordance
with applicable open meetings law.
(b) Except for the reimbursement of expenses incurred in the performance of their
duties,
members and officers of the Commission shall serve without compensation.
(c) A majority of the full membership of the Commission shall constitute a quorum and
whenever a vote is taken on any measure, a quorum being present, the affirmative vote of
the full membership the Commission shall determine the outcome of the measure except as
provided in subsection (d).
(d) The principal and student member of a Commission shall not be counted for the
purposes of determining a quorum and shall not vote in- any measure regarding the
evaluation of the principal, the performance contract of the principal, and the selection
of a principal in case of a vacancy, and the termination of the principal. Student member
of high school Commission shall not be eligible to vote on personnel matters, including
but not limited to principal and teachers evaluation and contracts, and allocation of
teaching and staff resources.
(e) The Commission in a school which provides bilingual education shall
be encouraged to provide translators at every meeting of the Commission to maximize
participation of parents and the community.
(f) Each Commission of a school that provides bilingual education shall
create a bilingual advisory committee as a standing committee. The Chairman and a majority
of the members of the committee shall be parents of students in the bilingual education
program. The parents in the advisory committee shall be selected by parents of students in
the bilingual education program and the committee shall select the Chairman. The advisory
committee for each high school shall include at least 1 full time bilingual education
student.
Sec. 404. Election and Appointment of Members
The following procedure shall apply to the election of members of
the local school Commission of each school:
(a) Beginning with the year 2000 school year, and in every even
numbered year thereafter, the Board shall set the last Tuesday of the second semester as
the election day for local school Commissions.
(1) The elected members of the Commission shall consist of the 6 parent
members and the 2 community resident members who shall be elected by the eligible voters
of that school to serve for a two- year term commencing on July 1 immediately following
the election.
(2) Eligible voters shall consist of parents of students currently
enrolled in that school. Each eligible voter will be entitled to cast one vote for up to a
total of eight candidates irrespective of whether those candidates are parents or
community resident candidates.
(3) The 2 teacher members of the Commission shall be selected by the
teaching staff of the school for a two-year term to coincide with that of the elected
parent members and the community resident members. A binding poll to ascertain the
preferences regarding the appointment of teachers to the Commission shall be conducted
according to the procedures used to elect parent members and community resident members.
(4) The student member of the Commission shall be the president of the
student government entity. Where there is no existing student government entity, the
principal shall appoint a student to serve a term of one-year to coincide with that of the
elected parent members, community resident members, and the teachers members. The
appointment shall be made from among students who submit statement of candidacy to the
principal. The principal may conduct a non-binding poll to ascertain the preferences of
the students regarding the appointment of a student member.
(b) The Board shall publicize the date and place of the elections by
posting notices at the
school, in public places within the school boundaries, and by distributing notices to
students currently enrolled in the school. The Board shall utilize such other means as it
deems necessary to maximize the involvement of all eligible voters.
(c) Not less than 4 weeks before the election date, persons eligible to
run for the parent member and the community resident member of the Commission shall submit
to the Board a nomination document signed by at least 30 parents of students currently
enrolled in the school. Each person nominated shall disclose in a manner determined by the
Board, any economic interest held by that person, by that person’s spouse or
children, or by such business entity in which that person has an ownership interest, in
any contract with the Board, any local school Commission or any public school. Each person
nominated shall also disclose in a manner determined by the Board, any convictions for any
crime. Failure to make the disclosure shall render the person ineligible for election to
the local school Commission. The same disclosure requirements shall be applicable to the
teacher members of the Commission.
(d) Voting shall be in person by secret ballot at the school between
the hours of 6:00 AM and 7:00 PM. The Board shall declare person receiving the highest
number of votes as elected to the Commission. The Board shall certify the results of the
elections and shall publish the results in a newspaper of general circulation.
(e) The Superintendent shall resolve any disputes concerning election
procedures and results and shall ensure that no resources of any attendance center shall
be used to endorse or promote any candidates.
TITLE V. SCHOOL IMPROVEMENT PLAN
A 4 year school improvement plan shall be developed and implemented at
each school. The plan shall reflect the overriding purposes of the school to improve
educational quality. The plan shall be developed by the principal in consultation with the
Commission, all categories of school staff, parents and community residents. Once the plan
is developed and approved by the Commission, the principal shall be responsible for
directing the implementation of the plan and the Commission shall monitor the
implementation. After the termination of the initial plan, a new plan shall be developed
and modified as appropriate.
(a) The improvement plan shall be designed to achieve priority goals
including but not limited to the following:
(l) Assuring that students show significant progress toward meeting and
exceeding local and national performance standards in Board mandated learning areas,
including the mastery of higher order thinking skills in those areas;
(2) Assuring that students attend school regularly and graduate from
school at such rate that the school averages or surpasses national norms;
(3) Assuring that students are adequately prepared for and aided in
making a successful transition to further education and life experience;
(4) Assuring that students are adequately prepared for and aided in making a successful
transition to employment; and
(5) Assuring that students are, to the maximum extent possible,
provided with a common learning experience that is of high academic quality and that
reflects high expectations for all students’ capacity to learn.
TITLE VI. MONITORING
Sec. 601. Monitoring
(a) The Superintendent shall monitor, assess, and evaluate the
operations of each Commission to determine the extent to which it complies with the
provisions of this act and other applicable laws; and the extent to which the school is
meeting or making satisfactory progress toward implementing its improvement plan.
(b) The Superintendent may require a Commission to produce any book,
record, paper, or document, if the Superintendent determines that the production is
necessary to carry out his functions under this act.
Sec. 602. Revocation of Independence
(a) Upon the recommendation of the Superintendent, the Board may,
at any time, terminate a Commission under this act if it determines that the Commission
has committed a violation of applicable laws, has materially deviated from its improvement
plan, or if the school fails to show any measurable academic improvement 5 years after the
Commission was initially assembled.
(b) The Board shall terminate a Commission if it determines that the
Commission:
(l) Has engaged in a pattern of non adherence to generally accepted
accounting principles;
(2) Has engaged in a pattern of fiscal mismanagement; or
(3) Is no longer economically viable.
(c) In the event of a revocation, the Board shall comply with the
following procedures:
(l) The Board shall provide a written notice of its pending action to
the Commission at issue. The notice shall state in reasonable detail the basis for the
proposed revocation, and the notice shall inform the Commission of the right to a formal
hearing to appeal the proposed revocation.
(2) Not later than 15 days after receipt of the notice of the proposed
revocation, the Commission may request, in writing, a formal hearing before the Board to
appeal the proposed termination.
(3) The Board shall hold a hearing not later than 20 days after the
receipt of a written request for a formal hearing. The Board shall provide a notice of not
less than 7 days to the Commission. The notice shall include information on the time,
date, and place of the hearing, the procedures to be followed at the hearing, and data,
information, and documents to be reviewed provided by the Commission.
(4) The Board shall render, in writing, a final decision on the
proposed appeal not later than 10 days after the date of the formal hearing. If the Board
denies the appeal, it shall state in reasonable detail the basis for its decision.
(d) If the Board determines that a Commission be terminated, the Board manage the
school directly until until alternative arrangements can be made to empanel another
Commission.
(e) If the Board determines that a Commission should be terminated, the Council, upon a
request by the Council, may review the decision, and by a resolution, approve or
disapprove the termination. The Council’s decision shall be final and not subject to
judicial review.
TITLE VII. FUNDING AND APPROPRIATION
Sec. 701. Appropriation
(a) Beginning in fiscal year 2000 and in each fiscal year thereafter, from amounts
available in the fiscal year budget for public schools, the Board shall allocate a lump
sum to each public school using the per pupil funding formula adopted in the Uniform Per
Student Funding Formula for Public Schools and Charter Schools Act of 1998 (Bill 12—-)
except that the lump sum shall take into account the following:
(l) Teachers: Each school shall be allocated funds equal to the amount appropriated in
fiscal year 1999 for compensation for teachers regular grades kindergarten through 12th
grade plus whatever increases in compensation have been negotiated contractually or
through longetivity as provided in a negotiated agreement. Adjustments shall be made due
to layoff or reduction in force, lack of funds or work, change in subject requirements,
enrollment changes or contracts with third parties for the performance of services or to
rectify any inconsistencies with system-wide allocation formulas or for other legitimate
reasons.(2) Other Personnel: Funds for-other teacher certificated and uncertificated personnel
paid through noncategorical funds shall be provided according to system-wide formulas
based on student enrollment and the special needs of the school as determined by the
Board.(3) Non-compensation items: Appropriations for all non-compensation items shall be
based upon a system-wide formula based on student enrollment and on the special needs of
the school or factors related to the physical plant, including but not limited to
textbooks, supplies, electricity, equipment, and routine maintenance.(4) Funds for categorical programs: Schools shall receive personnel and funds based on,
and shall use such personnel and funds in accordance with the District and Federal
requirements applicable to each categorical programs, including but not limited to Federal
Chapter l, Bilingual, and Special Education.
Sec. 702. Expenditure
(a) In consultation with the Commission and the Financial Officer, the school principal
shall develop an expenditure plan which reflects the priorities and activities described
in the school’s improvement plan. The expenditure plan shall be consistent with
applicable law and collectivebargaining agreements, however, the Commission shall have the
right to request from the Board, waivers of board policy and waiver of employee collective
bargaining agreements. The expenditure plan developed by the principal with respect to
amount available from the fund for prioritized special needs programs and the allocated
lump sum amount must be approved by the Commission.
(b) The Commission shall have the right to request the principal to close both academic
and nonacdemic staff positions and open new ones consistent with the improvement plan
provided that the decision is consistent with applicable law and collective bargaining
agreements. If a position is closed pursuant to this subsection, the school shall have for
its use, the average system-wide compensation for the closed position. Operating within
existing laws and collective bargaining agreements, the Commission shall have the right to
direct the principal to shift expenditures within the fund.
(c) The Commission shall have the right to opt out of any system-wide thrid party
contract for services and provide the service at the school level. In the event that a
Commission decides to opt out of a contract for system-wide service contract, the Board
shall adjust the lump sum allocation to reflect the option.
(d) Any funds unexpended at the end of the fiscal year shall be available to the school
for its use as part of its budget for the following fiscal year.
TITLE VIII. RULEMAKING AND IMPLEMENTATION
Sec. 801
The Board shall isssue rules to implement this act within 180 days. The Board may
develop an implementation pilot program in fiscal year 1999, provided that such pilot
program shall include at least one school in each ward.
TITLE IX. FISCAL IMPACT
Sec. 901
The Council adopts the fiscal impact statement in the Committee Report as the fiscal
impact statement required by section 602(c)(3) of the District of Columbia Self-Government
and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code
§1-233(c)(3)).
TITLE X. EFFECTIVE DATE
Sec. 1001
This act shall take effect following approval by the Mayor (or in the event of veto by
the Mayor, action by the Council to override the veto), approval by the Financial
Responsibility and Management Assistance Authority as provided in section 203(a) of the
District of Columbia Financial Responsibility and Management Assistance Authority Act of
1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(c)), and a 30-day
period of Congressional review as provided in section 602(c)(1) of the District of
Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973
(87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia
Register.