ENROLLED ORIGINAL
AN ACT IN THE COUNCIL
OF THE DISTRICT OF COLUMBIA
To put a question to the voters of the District of Columbia as to whether to change the
current size and authority of the Board of Education by amending the District of Columbia
Home Rule Act to decrease the number of members of the District of Columbia Board of
Education from 11 to 9, to provide for the at-large election of the President, and to
delineate the authority of the Board of Education; or to decrease the number of members of
the District of Columbia Board of Education from 11 elected members to 5 members appointed
by the Mayor and confirmed by the Council, to authorize the Mayor to appoint the
Superintendent with confirmation by the Council, and to delineate the limits on the
policymaking authority of the Board of Education; and to direct the Board of Elections and
Ethics to place the referendum on the ballot for the November 2000 general elections.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "School Governance Charter Amendment Act of 2000".
TITLE I. NINE MEMBER ELECTED BOARD OF EDUCATION. Sec. 101. This title may be cited as
the "Nine Member Elected Board of Education Charter Amendment Act of 2000".
Sec. 102. Section 495 of the District of Columbia Home Rule Act, approved December 24,
1973 (87 Stat. 820; D.C. Code §31-101(a)), is amended to read as follows:
"Sec. 495. Board of Education.
"(a) The Board of Education shall consist of 9 elected members. One member shall
be elected at-large as the president of the Board. One member shall be elected from each
of the 8 election wards created pursuant to section 2 of the Boundaries Act of 1975;
effective December 16, 1975 (D.C. Law 1-38; D.C. Code §1-1308)."(b) The election of the members of the Board of Education shall be conducted on a
nonpartisan basis and in accordance with the District of Columbia Election Code of 1955,
approved August 12, 1955 (69 Stat. 699; D.C. Code §1-1301 et seq.)."(c)(l) The Board of Education shall establish policies, hire and evaluate a
Superintendent who shall be responsible for the day-to-day operation of the public schools
of the District of Columbia. The Board of Education shall have the authority to remove the
Superintendent at any time for cause."(2) The Board of Education shall establish personnel policies and guidelines for
the hiring of principals and other personnel by the Superintendent, but shall not have
authority to make or approve personnel decisions or to negotiate with representatives of
employee organizations."(3) The Board of Education shall approve an annual budget that is consistent with
the goals and objectives established by the Board of Education for the operation of the
public schools of the District of Columbia"(4) In addition to the authority granted by this subsection, the Board, and its
authority over the public schools of the District of Columbia, shall be governed in
accordance with laws enacted by the Council.".
Sec. 103. This act shall be subject to appropriation.
Sec. 104. Fiscal impact statement. The Council adopts the fiscal impact statement in
the committee report prepared by the Committee on Education, Libraries and Recreation as
the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3)).
TITLE II. FIVE MEMBER APPOINTED BOARD OF EDUCATION.
Sec. 201. This act may be cited as the "Five Member Appointed Board of Education
Charter Amendment Act of 2000".
Sec. 202. The District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
777; D.C. Code §1-201 passim), is amended as follows:
(a) Section 452 (D.C. Code §31-104) is repealed.
(b) Section 495 (D.C. Code §31-101(a)) is amended to read as follows:
"Sec. 495. Board of Education.
"(a) Control of the public schools of the District of Columbia shall be vested in
the Mayor, subject to the provisions of this Act that vest particular powers in the Board
of Education. The Board of Education shall consist of 5 members appointed by the Mayor,
from a list of names provided by a Nominating Committee, also appointed by the Mayor.
Board of Education members shall be subject to confirmation by the Council for a term of 4
years. The appointment of the members of the Board of Education shall be conducted
on a nonpartisan basis and shall be made based on qualifications to be established by the
Mayor. The Board of Education shall have policy-making authority over the public schools
of the District of Columbia. The Mayor may delegate to the Board of Education any other
responsibilities for the District of Columbia Public Schools, provided that under no
circumstances may the Board of Education be given responsibility to make or approve
personnel decisions, or to negotiate with representatives of employee organizations, or to
approve any contract, purchase order or change order except for those that exceed an
amount to be legislatively determined."(b)(1) The Board of Education shall evaluate the Superintendent who shall be
appointed by the Mayor and confirmed by the Council. The Superintendent shall be
responsible for the day-to-day operation of the public schools of the District of
Columbia. The Mayor shall have the authority to remove the Superintendent."(2) The Board of Education’s policymaking authority shall be limited to the
following:"(A) Establishing personnel policies and guidelines for the hiring of principals
and other personnel by the Superintendent but not making nor approving personnel decisions
nor negotiating with representatives of employee organizations;"(B) Establishing policies to guide the Superintendent’s decisions regarding
expenditures;"(C) Establishing guidelines and goals for academic achievement; and
"(D) Other duties as defined by the Mayor from time to time.
"(c) This act shall expire upon the adoption of a charter amendment submitted and
adopted in a referendum by a majority of the electorate that restores the language of
sections 452 and 495 as originally adopted in 1973 in the District of Columbia Home Rule
Act.".
Sec. 203. This act shall be subject to appropriation.
Sec. 204. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report prepared by the
Committee on Education, Libraries and Recreation as the fiscal impact statement required
by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973
(87 Stat. 813; D.C. Code §1-233(c)(3)).
TITLE III. TIME FOR THE PLACEMENT OF REFERENDUM ON THE BALLOT.
Sec. 301. Notwithstanding any other law and the regulations of the Board of Elections
and Ethics, the Board of Elections and Ethics shall place Titles I and II of this act on
the ballot for the November 2000 general election.
TITLE IV. EFFECTIVE DATE.
Sec. 401. Tides I and II of this act shall take effect following ratification by a
majority of the registered qualified electors of the District of Columbia voting in a
referendum held for such purpose and a 35-day period of Congressional review as provided
in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87
Stat. 813; D.C. Code §1-205), and publication in the District of Columbia Register.
Sec. 402. Title III of 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 Act
of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period
of Congressional review as provided in section 602(c)(1) of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), end
publication in the District of Columbia Register.
Linda W. Cropp
Chairman, Council of the District of Columbia