Child and Youth, Safetyand Health Omnibus Temporary Amendment Act of 2002Bill 14-577

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Updated: 02:08 pm UTC, 14/10/2024

ENROLLED ORIGINAL

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend, on a temporary basis, the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 to establish a mandatory drug
and alcohol testing program for certain District of Columbia government
applicants and employees; to establish a criminal background check program
for employees and volunteers of District of Columbia agencies that provide
direct services to children and youth, and for employees of the Child
Support Enforcement Division of the Office of the Corporation Counsel; to
establish uniform health screening requirements and the use of uniform
health forms for all District of Columbia children; to authorize the
Director of the Department of Human Services to take a child into custody
when a child committed to the legal custody of the Department absconds
from a community-based placement or violates any of the terms of his or
her placement; to establish an Early Intervention Program to provide early
intervention services for infants and toddlers from birth to 2 years of
age and their families; to amend the District of Columbia Public School
Nurse Assignment Act of 1987 to require that nurses be assigned to public
charter schools; to amend the District of Columbia Uniform Controlled
Substances Act of 1981 to designate all areas within 1000 feet of public
charter schools as drug free zones; and to establish a Postsecondary
Education Assistance Trust Fund to assist needy children with the cost of
postsecondary education, utilizing fiends generated by an individual
income tax check-off.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
may be cited as the "Child and Youth, Safety and Health Omnibus Temporary
Amendment Act of 2002".

TITLE I. MANDATORY DRUG AND ALCOHOL TESTING PROGRAM.

Sec. 101. Short title.

This title may be cited as the "Mandatory Drug and Alcohol Testing
for the Protection of Children Temporary Amendment Act of 2002".

Sec. 102. Establishment of Mandatory Drug and Alcohol Testing Program.

The District of Columbia Government Comprehensive Merit Personnel Act
of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §
1-601.01 et seq.), is amended by adding a new title XX-C to read as
follows:

"TITLE XX-C

"MANDATORY DRUG AND ALCOHOL TESTING FOR

CERTAIN EMPLOYEES WHO SERVE CHILDREN.

"Sec. 2031. Definitions.
"For the purposes of this title, the term:
"(1) "Applicant" means any person who has filed any
written employment application forms to work for the District of Columbia
government, or has been tentatively selected for employment.
"(2) "Children" means individuals 12 years of age and
under.
"(3) "District" means the District of Columbia.
"(4) "District employee" means an employee of the
District of Columbia government.
"(5) "Drug" means an unlawful drug and does not include
over-the-counter prescription medications.
"(6) "Employee" means any person employed in a position
for which he or she is paid for services on any basis.
"(7) "Post-accident employee" means a District employee
in a safety-sensitive position who, while on-duty, is involved in a
vehicular or other type of accident resulting in personal injury or
property damage, or both.
"(8) "Probable cause" or "reasonable
suspicion" means a reasonable belief by a supervisor that an employee

in a safety-sensitive position is under the influence of an illegal drug
or alcohol to the extent that the employee’s ability to perform his or her
job is impaired.
"(9) "Random testing" means drug or alcohol testing
conducted on a District employee at an unspecified time for purposes of
determining whether any District employee subject to drug testing has used
drugs or alcohol and, as a result, is unable to satisfactorily perform his
or her employment duties.
"(10) "Reasonable suspicion referral" means a
referral referral of
an employee in a safety sensitive position for testing by the District for
drug or alcohol use.
"(11) "Safety-sensitive position" means employment in
which the employee has direct contact with children and youth, is
entrusted with the direct care or custody of children and youth, and whose
performance of his or her duties may affect the health, welfare, or safety
of children and youth.
"(12) "Youth" means individuals between 13 and 17 years
of age, inclusive.
"Sec. 2032. Employee testing.
"(a) The following individuals shall be tested by the District
government for drug and alcohol use:
"(1) Applicants for employment in safety-sensitive positions;
"(2) Applicants for employment in positions in the Child Support
Enforcement Division of the Office of the Corporation Counsel, including
temporary and contractual positions;
"(3) Those employees who have had a reasonable suspicion referral;
"(4) Post-accident employees, as soon as reasonably possible after
the accident; and
"(5) District government employees or contractual employees who
work in safety-sensitive positions.
"(b) The District shall only subject employees in subsection
(a)(3) and (a)(5) of this section to random testing.
"(c) Supervisors shall be trained in substance abuse recognition
and shall receive a second opinion from another supervisor prior to making
a reasonable suspicion referral.
"(d) Employees shall be given at least a 30-day (calendar) written
notice from the effective date of the Mandatory Drug and Alcohol Testing
for the Protection of Children Temporary Amendment Act of 2002 that the
District is implementing a drug and alcohol testing program. Upon receipt
of a written notice of the program, each employee shall be given one
opportunity to seek treatment, if he or she has a drug or alcohol problem.
Following the effective date of the Mandatory Drug and Alcohol Testing for
the Protection of Children Temporary Amendment Act of 2002, the Department
shall procure a testing vendor and testing shall be implemented as
described in this title.
"Sec. 2033. Motor vehicle operators.
"Any District government employee who operates a motor vehicle in
the performance of his or her employment within the District of Columbia
shall be deemed to have given his or her consent, subject to the
conditions in this title, to the testing of the employee’s urine or breath
for the purpose of determining drug or alcohol content whenever a
supervisor has probable cause or a police officer arrests such person for
a violation of the law and has reasonable grounds to believe such person
to have been operating or in physical control of a motor vehicle within
the District while that person’s breath contains .08 percent or more, by
weight, of alcohol, or while under the influence of an intoxicating liquor
or any drug or combination thereof, or while that person’s ability to
operate a motor vehicle is impaired by the consumption of intoxicating
liquor.
"Sec. 2034. Testing methodology.
"(a) Testing shall be performed by an outside contractor at a
laboratory certified by the United States Department of Health and Human
Services ("HHS") to perform job-related drug and alcohol
forensic testing.
"(b) For random testing of employees, the contractor shall, at a
location designated by the District to collect urine specimens on-site,
split each sample and perform enzyme-multiplied-immunossay technique
("EMIT") testing on one sample and store the split of that
sample. Any positive EMIT test shall be then confirmed by the contractor,
using the gas chromatography/mass spectrometry ("GCMS")
methodology.
"(c) Any District employee found to have a confirmed positive
urinalysis shall be notified of the result. The employee may then
authorize that the stored sample be sent to another HHS-certified
laboratory of his or her choice, at his or her expense, for a
confirmation, using the GCMS testing method.
"(d) Reasonable suspicion and post-accident employee testing shall
follow the same procedures set forth in subsections (a) through (c) of
this section. In such cases, the employee shall be escorted by a
supervisor to the contractor’s test site for specimen collection or a
breathalyser.
"(e) A breathalyser shall be deemed positive by the District’s
testing contractor if the contractor determines that 1 milliliter of the
employee’s breath (consisting of substantially alveolar air) contains .38
micrograms or more of alcohol.
"Sec. 2035. Procedure and employee impact
"A drug and alcohol testing policy shall be issued in advance of
implementing the drug and alcohol program to inform employees of the
requirements of the program and to allow each employee one opportunity to
seek treatment, if he or she has a drug or alcohol program. Thereafter,
any confirmed positive drug test results, positive breathalyser test, or a
refuse to submit to a drug test or breathalyser shall be grounds for
termination of employment in accordance with the District of Columbia
Government Comprehensive Merit Personnel Act of 1978, effective March 3,
1979 (D.C. Law 2-139; D.C. Official Code §1-601.01 et seq.). This
testing program shall be implemented as a single program. The results of a
random test shall not be turned over to any law enforcement agency without
the employee’s written consent.
"Sec. 2036. Coverage of private providers.
"Each private provider that contracts with the District of
Columbia to provide employees to work in safety-sensitive positions shall
establish mandatory drug and alcohol testing policies and procedures that
are consistent with the requirements of this title.
"Sec. 2037. Rules.
"The Mayor, pursuant to Title I of the District of Columbia
Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204;
D.C. Official Code § 2-501 et seq.), may issue rules to implement the
provisions of this title.".

TITLE II. CRIMINAL BACKGROUND CHECKS.

Sec. 201. Short title.

This title may be cited as the "Criminal Background Checks for the
Protection of Children Temporary Act of 2002".

Sec. 202. Definitions.

For the purposes of this title, the term:

(1) "Agency that provides direct services to children and
youth" means any public or private District agency that provides to
children and youth, or for the benefit of children and youth, services
that affect the health, safety, and welfare of children and youth,
including individual and youth counseling, therapy, case management,
supervision, or mentoring.

(2) "Applicant" means an individual who has filed a written
application for employment with any public or private District agency that
provides direct services to children and youth or an individual who has
made an affirmative effort through a written application or a verbal
request to serve in a volunteer position with a public or private District
agency that provides direct services to children and youth. Applicant
shall also mean an individual who has filed a written application for
employment with the Child Support Enforcement Division of the Office of
the Corporation Counsel.

(3) "Children" means individuals 12 years of age and under.

(4) "Criminal background check" means the investigation of a
person’s criminal history through the record systems of the Federal Bureau
of Investigation and the District of Columbia Metropolitan Police
Department.

(5) "District" means the District of Columbia.

(6) "Employee" means an individual who is employed on a
full-time, part-time, temporary, or contractual basis by a District agency
that provides direct services to children and youth.

(7) "FBI" means Federal Bureau of Investigation.

(8) "MPD" means the District of Columbia Metropolitan Police
Department.

(9) "Volunteer" means any individual who works without any
monetary or any other financial compensation for any District agency that
provides direct services to children and youth.

(10) "Youth" means individuals between 13 and 17 years of
age, inclusive.

Sec. 203. Criminal background checks required for certain individuals.

The following individuals shall apply for criminal background checks in
accordance with the requirements of section 205(a):

(1) Each applicant who is under consideration for employment, either
compensated or voluntary, by any public or private District agency that
provides direct services to children and youth, as defined by regulations
promulgated pursuant to section 208 .

(2) Each person who is employed by any public or private District
agency that provides direct services to children and youth, as defined by
regulations promulgated pursuant to section 208.

(3) Each applicant under consideration for employment by the Child
Support Enforcement Division of the Office of Corporation Counsel, as
defined by regulations promulgated pursuant to section 208.

(4) Each person employed by the Child Support Enforcement Division of
the Office of the Corporation Counsel, as defined by regulations
promulgated pursuant to section 208.

Sec. 204. Authorization to obtain records.

(a) The Mayor is authorized to obtain criminal history records
maintained by the Federal Bureau of Investigation and the Metropolitan
Police Department and traffic records maintained by the Department of
Motor Vehicles to investigate a person applying for employment, in either
a compensated or a volunteer position, or current employees and volunteers
of public and private agencies that provide direct services to children
and youth.

(b) Before any applicant for employment, in either a compensated or a
volunteer position, with an agency providing direct services to children
and youth may be offered a position, the Mayor or the private agency shall
inform the applicant that a criminal background check must be conducted on
him or her, and in the case of an employee or volunteer who is required to
drive a motor vehicle to transport children in the course of performing
his or her duties, a traffic record check must also be conducted.

(c) The Mayor is authorized to obtain criminal history records
maintained by the Federal Bureau of Investigation and the Metropolitan
Police Department and traffic records maintained by the Department of
Motor Vehicles to investigate a person employed by the Child Support
Enforcement Division of the Office of Corporation Counsel.

(d) Before any applicant for employment with the Child Support
Enforcement Division of the Office of the Corporation Counsel may be
offered a position, the Mayor shall inform the applicant that a criminal
background check must be conducted on him or her, and in the case of an
employee who is required to drive a motor vehicle to transport children in
the course of performing his or her duties, a traffic record check must
also be conducted.

Sec. 205. Criminal background checks required before offer of employment

(a) An individual described in section 203 shall not be offered
employment until a criminal background check has been conducted on that
person and the person is determined to meet the requirements of this
title. The individual shall submit to a criminal background check by means
of fingerprint and National Criminal Information Center checks conducted
by the Mayor and the FBI. The individual shall provide a complete set of
legible fingerprints on a fingerprint card, in a form approved by the FBI.
These fingerprints shall be available for use by the Mayor and the FBI to
conduct a local and national criminal history record check of the
individual.

(b) The Mayor shall conduct a criminal background check once the
applicant has provided:

(1) A set of qualified fingerprints;
(2) Written approval authorizing the Mayor to conduct a criminal
background check;
(3) A confirmation that he or she has been informed by the Mayor or the
District agency that the Mayor is authorized to conduct a criminal
background check on the applicant;
(4) Any additional identification that is required, such as name,
social security number, birth date, and gender;
(5) An affirmation that he or she has not been convicted of a crime in
the District of Columbia or in any other state or territory, for any of
the following felony offenses or their equivalent in another state or
territory:
(A) Murder, attempted murder, manslaughter or arson;
(B) Assault, battery, assault and battery, assault with a dangerous
weapon, mayhem, or threats to do bodily harm;
(C) Burglary;
(D) Robbery;
(E) Kidnapping;
(F) Theft, fraud, forgery, extortion, or blackmail;
(G) Illegal use or possession of a firearm;
(H) Trespass or injury to property;
(I) Rape, sexual assault, sexual battery, or sexual abuse;
(J) Child abuse or cruelty to children; or
(K) Unlawful distribution or possession of, or possession with intent
to distribute, a controlled substance;
(6) An acknowledgment that the Mayor or the District agency has
notified the applicant of the applicant’s right to obtain a copy of the
criminal background check report and to challenge the accuracy and
completeness of the report; and
(7) An acknowledgment that the Mayor or the District agency may choose
to deny the applicant employment or a volunteer position based on the
outcome of the criminal background check.

(c) Each employee or volunteer shall be required to submit to periodic
criminal background checks while employed by or volunteering at any
District agency covered by this title.

Sec. 206. Establishment of office to conduct criminal background checks.

The Mayor shall establish a District government office to conduct the
criminal background checks, including the fingerprinting of individuals
required by section 205. The office shall be staffed, at minimum, by one
FBI-approved person to fingerprint applicants for criminal background
checks and one person to provide clerical services. The office shall
conduct criminal background checks in accordance with FBI policies and
procedures and shall be housed in an FBI-approved environment.

Sec. 207. Confidentiality of information to be maintained

All criminal background records received by the Mayor shall be
confidential and are for the exclusive use of making employment-related
determinations under this title. The records shall not be released or
otherwise disclosed to any person except when:

(1) Required as one component of an application for employment with a
District agency covered under this tide;

(2) Requested by the Mayor or his or her designee during an official
inspection or investigation;

(3) Ordered by a court;

(4) Authorized by the written consent of the person being investigated;
or

(5) Utilized for a corrective or adverse action in a personnel
proceeding.

Sec. 208. Rules.

The Mayor, pursuant to Title I of the District of Columbia
Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204;
D.C. Official Code § 2-501 et seq.), shall issue rules to implement the
provisions of this title. The rules shall include:

(1) Standards for determining whether public or private agencies are
required to comply with the requirements of this title;

(2) Procedures for agencies to challenge the determination that they
are required to comply with this title;

(3) Procedures for an applicant or employee to challenge allegations
that he or she committed a proscribed offense;

(4) A sliding fee schedule for the payment of the cost of criminal
background checks; and

(5) A description of the corrective or adverse actions that may be
taken against an agency or employee that violates the provisions of this
title.

Sec. 209. Submission of names of public and private agencies that
provide direct services to children and youth.

(a) Each District government agency shall submit to the Mayor the names
of any public or private agency that provides direct services to children
and youth with employees or volunteers that it believes should be subject
to the criminal background check requirements of this title within 30 days
of the effective date of this title.

(b) The Mayor shall publish a notice in the District of Columbia
Register requesting that District residents and agencies submit the names
of public and private agencies that provide direct services to children
and youth and whose employees and volunteers should be subject to the
criminal background check requirements of this title within 45 days from
the date of publication of the notice.

Sec. 210. Assessment of information on public and private agencies.

The Mayor shall review the information on public and private agencies
submitted pursuant to section 209 and any other available information to
make a decision on the agencies that will be required to comply with this
title.

Sec. 211. Notice to agencies for employees and volunteers to obtain
criminal background checks.

(a) The Mayor shall publish in the District of Columbia Register a
notice that applicants for employment with and employees of clearly
identified private agencies that provide direct services to children and
youth are required to apply for criminal background checks within 45 days
from the date of publication of the notice.

(b) The notice shall inform agencies subject to the requirements of
this title of the location of the office in which applications for
criminal background checks are to be made.

Sec. 212. Licensure requirements and reimbursement for cost of criminal
background checks.

(a) Prior to the issuance or the renewal of any license for an agency
that provides direct services to children and youth to operate, the agency
shall provide evidence that criminal background checks have been conducted
on its employees and volunteers who provide direct services to children
and youth. A license shall not be issued or renewed for any private agency
that has employees or volunteers who provide direct services to children
and youth in the District of Columbia and who have not had criminal
background checks.

(b) The Mayor shall establish, by regulation, a sliding fee schedule
for the payment of the cost of criminal background checks by public and
private agencies in the District of Columbia.

Sec. 213. Penalty for providing false information.

An applicant for employment or a volunteer position with any District
agency that provides direct services to children and youth who provides
false information in the course of applying for the position shall be
subject to prosecution pursuant to section 404 of the District of Columbia
Theft and White Collar Crimes Act of 1982, effective December 1, 1982
(D.C. Law 4164; D.C. Official Code §22-2405).

Sec. 214. Penalties for disclosing confidential information.

(a) An individual who discloses confidential information in violation
of section 207 is guilty of a criminal offense and, upon conviction, shall
be fined not more than $1,000 or imprisoned for not more than 180 days, or
both.

(b) Prosecutions for violations of this title shall be brought in the
name of the District upon information by the Corporation Counsel.

TITLE III. CHILD HEALTH REQUIREMENTS.

Sec. 301. Short title.

This title may be cited as the "Uniform Child Health Screening
Requirements and Reporting Form Temporary Act of 2002".

Sec. 302. Purpose.

The purpose of this legislation is:

(1) To establish uniform health screening requirements for all
children, from birth to 21 years of age, in the District of Columbia,
regardless of their insurance status, including children who are wards of
the District and children with special needs who reside or are receiving
services in another state;

(2) To improve the overall health status of all children by ensuring
consistency in health screening and early detection of health problems and
enabling children to obtain the necessary prevention, treatment, and
intervention services at the earliest opportunity;

(3) To reduce parental stress and increase parental satisfaction and
compliance with health screening requirements by using a uniform health
form for participation or enrollment in all childrelated health, human or
social services, and educational programs; and

(4) To provide the Mayor with the information necessary to effectively
plan, establish, and evaluate a comprehensive system of appropriate
preventive services for children for early detection of potential health
problems.

Sec. 303. Definitions.

For the purposes of this title, the term:

(1) "Child-related educational program" means public and
private schools, including pre-kindergarten, kindergarten, and special
education.

(2) "Child-related health program" means Medicaid, Children
Health Insurance Program ("CHIP"), Healthy Start, Healthy
Families, Early Intervention, and private health insurance.

(3) "Child-related human or social services program" means
child-care programs, children in foster care, Head Start, and Women,
Infants and Children.

(4) "Uniform health form" means a standardized form developed
by the Mayor for use during periodic physical examinations of children.

Sec. 304. Establishment of uniform health screening requirements and
forms.

(a) The Mayor shall establish uniform health screening requirements
consistent with the standards and schedules of the American Academy of
Pediatrics for all children, from birth to 21 years of age, in the
District of Columbia, regardless of insurance status, including children
who are wards of the District and children with special needs who reside
or who are receiving services in another state.

(b) The Mayor shall develop a uniform health form for enrollment of
children in child related health, human or social services, and
educational programs.

Sec. 305. Payment for health screenings.

(a) An insurer’s health benefits plan shall include the uniform health
screening requirements for children from birth to age 21 years in the
District, including children with special needs who reside or who are
receiving services in another state.

(b) The enrollments for Medicaid, Head Start, Healthy Families, and
CHIP are expanded to include the requirement of uniform health screenings
for all children.

Sec. 306. Rules.

The Mayor, pursuant to Title I of the District of Columbia
Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204;
D.C. Official Code § 2-501 et seq.), may issue rules to implement the
provisions of this title.

TITLE IV. AUTHORIZATION FOR THE DEPARTMENT OF HUMAN SERVICES TO TAKE
CHILDREN INTO CUSTODY.

Sec. 401. Short title.

This title may be cited as the "Juvenile Protective Custody Temporary
Act of 2002".

Sec. 402. Section 16-2309(a) of the District of Columbia Official Code
is amended as follows:

(a) Paragraph (7) is amended by striking the word "or" at the
end.

(b) Paragraph (8) is amended by striking the period at the end and
inserting the phrase "; or" in its place.

"(9) by the Director of the Department of Human Services when a
child committed to the legal custody of the Department of Human Services
absconds from a community-based placement or violates any of the terms of
his or her aftercare placement. For the purposes of this paragraph, the
term "aftercare placement" means the placing of a child who has
been committed to the legal custody of the Department of Human Services in
the community under the supervision of a trained social worker.".

TITLE V. ESTABLISHMENT OF THE D.C. EARLY INTERVENTION PROGRAM.

Sec. 501. Short title.

This title may be cited as the "D.C. Early Intervention Program
Establishment Temporary Act of 2002".

Sec. 502. Purpose.

The purpose of this legislation is:

(1) To enhance the development of infants and toddlers with
disabilities and to minimize their potential for developmental delay;

(2) To reduce the educational costs to our society, including our
schools, by minimizing the need for special education and related services
after infants and toddlers with disabilities reach school age;

(3) To minimize the likelihood for institutionalization of individuals
with disabilities and maximize the potential for their independent living
in society;

(4) To enhance the capacity of families to meet the special needs of
their infants and toddlers with disabilities;

(5) To establish collaborative activities among agencies of the
District of Columbia that administer programs relating to young children
to maximize the quality of early intervention services; and

(6) To enhance the capacity of city agencies and service providers to
identify, evaluate, and meet the special needs of historically
under-represented populations, particularly minorities, low-income, and
inner-city populations.

Sec. 503. Establishment of Early Intervention Program and Interagency
Coordinating Council.

(a) There is established in the District of Columbia an Early
Intervention Program ("Program") to provide early intervention
services to infants and toddlers, from birth through 2 years of age, and
their families. The Program will be administered and supervised by a lead
agency designated by the Mayor. The services shall be provided in
accordance with the requirements of the Individuals with Disabilities
Education Act, approved June 4, 1997 (111 Stat. 37; 20 U.S.C. §§1400 et
seq.).

(b) There is established an Interagency Coordinating Council to advise
and assist the Mayor with the implementation of the Program, including the
establishment of interagency agreements.

Sec. 504. Rules.

TITLE VI. ASSIGNMENT OF NURSES TO PUBLIC CHARTER SCHOOLS.

Sec. 601. Short title.

This title may be cited as the "Public Charter School Nurse
Assignment Temporary Amendment Act of 2002".

Sec. 602. Section (2)(a) of the District of Columbia Public School
Nurse Assignment Act of 1987, effective December 10, 1987 (D.C. Law 7-45;
D.C. Official Code § 38-621(a)), is amended by adding the phrase
"and public charter" after the word "public".

TITLE VII. DRUG FREE ZONES WITHIN 1000 FEET OF PUBLIC CHARTER SCHOOLS.

Sec. 701. Short title.

This title may be cited as the "Public Charter Schools Drug Free Temporary
Amendment Act of 2002" .

Sec. 702. Section 407a of the District of Columbia Uniform Controlled
Substances Act of 1981, effective March 21, 1995 (D.C. Law 10-229; D.C.
Official Code §48-904.07a(a)), is amended by adding after the phrase
"secondary school," the phrase "public charter
school,".

TITLE VIII. POSTSECONDARY EDUCATION TAX CHECK-OFF FOR NEEDY
INDIVIDUALS.

Sec. 801. Short title.

This title may be cited as the "Postsecondary Education Assistance
Trust Fund Tax Check-Off Temporary Act of 2002".

Sec. 802. Definitions.

For the purposes of this title, the term:

(1) "District" means the District of Columbia.

(2) "Needy Families" means any family that qualifies for
federal assistance as defined by the guidelines in the Federal Application
for Student Financial Aid

(3) "Tax check-off’ means the postsecondary education assistance
tax check-off system established in D.C. Official Code §47-1812.1lc.

(4) "Trust Fund" means the Postsecondary Education Assistance
Trust Fund established in section 803.

Sec. 803. Establishment of the Postsecondary Education Assistance Trust
Fund.

(a) There is established a Postsecondary Education Assistance Trust
Fund into which shall be deposited the funds generated by the tax
check-off established by D.C. Code § 471812.11 c and any other funds
generated by the Trust Fund’s Board of Directors.

(b) The Trust Fund shall be used to assist needy residents of the
District of Columbia in pursuing postsecondary education opportunities.

Sec. 804. Establishment of Board of Directors.

(a) A self-perpetuating Board of Directors is established to manage the
affairs of the Trust Fund. The Board of Directors shall consist of 11
members. The D.C. Treasurer, the Director of the Department of Human
Services, and the Director of the Office of Postsecondary Education,
Research and Assistance shall serve as ex-officio members of the Board of
Directors. The remaining 8 members shall include parents of individuals
who qualify to receive trust funds and representatives of organizations
who have demonstrated a knowledge of postsecondary education and who
reflect a diversity of gender and ethnicity.

(b) The D.C. Treasurer, the Director of the Department of Human
Services, and the Director of the Office of Postsecondary Education,
Research and Assistance shall serve terms as members of the Board of
Directors for the same duration as the terms of their respective offices.

(c) The 8 initial nongovernmental members shall serve the following
terms: 2 members shall serve 3 years; 3 members shall serve 2 years; and 3
members shall serve one year.

(d) The 8 initial nongovernmental members shall be appointed by the Mayor.

(e) If one of the 8 initial nongovernmental members is unable to serve
or is removed, the remaining members shall select a replacement member
according to the representational requirements of subsection (a) of this
section.

(f) The Board of Directors shall appoint nongovernmental replacement
members so that subsequent Board of Directors meet the representational
requirements of subsection (a) of this section and the bylaws adopted by
the Board of Directors. A succeeding member shall serve the balance of the
term of the member that he or she succeeds if the term has not expired. A
succeeding member who succeeds a member whose term has expired shall serve
a term of 3 years. No member shall serve more than 2 consecutive terms,
whether partial or full.

(g) Members shall be compensated only for out-of-pocket expenses
incurred in the performance of their responsibilities as members of the
Board of Directors.

(h) The Board of Directors shall elect a chairperson from among its
members. The Board of Directors may elect other officers and form
committees as it considers appropriate.

(i) A member may be removed by a 2/3 vote of the remaining members.

Sec. 805. Powers and responsibilities of the Board of Directors.

The Board of Directors shall:

(1) Administer the Trust Fund;

(2) File such papers as may be required by the Recorder of Deeds of the
District of Columbia;

(3) Have the power to adopt, amend, or repeal bylaws for operation of
the Trust Fund;

(4) Meet not less than quarterly, at a time to be determined;

(5) Assess the needs of postsecondary educational programs in the
District;

(6) Develop and implement program recommendations to assist residents
with the cost of postsecondary education;

(7) Develop and implement proposal solicitations and establish criteria
for the awarding of grants to assist the postsecondary educational needs
of District residents;

(8) Review, approve, and monitor the expenditures of the Trust Fund and
postsecondary education programs;

(9) Provide information to the public about the purpose and work of the
Trust Fund;

(10) Hire and monitor an executive director for the Trust Fund; and

(11) Invite comments and recommendations at least annually from
interested postsecondary educational coalitions and community
organizations on the Trust Fund’s program plans.

Sec. 806. Administration of Trust Fund.

(a) Administrative expenses shall not exceed 10% of the funds available
in the Trust Fund.

(b) One year after its original formation, the Board of Directors shall
develop a District-wide plan for the distribution of funds from the Trust
Fund. The Board of Directors shall develop subsequent plans before
September 30th of each year. The purpose of the annual plan is to assure
that the funds are awarded to needy District residents.

(c) The Board of Directors shall distribute funds that are generated by
the tax check-off system established in D.C. Official Code §47-1812.11c
on a regular schedule, as determined by the Board.

(d) The Board of Directors shall publish guidelines pursuant to which
students who are residents of the District of Columbia may apply for funds
to pursue secondary educational opportunities.

(e) By September 30th of each year, the Board of Directors shall
publish an estimated projection of funds generated by the tax check-off
based on the income tax returns filed by April 15th of each year.

(f) The Board of Directors shall submit an annual financial report to
the Mayor and the Council no later than March 1st of each year.

(g) The Board of Directors shall publicize the availability of a tax
check-off for students who need postsecondary education assistance. The
Mayor shall assist the Board of Directors in educating the public
regarding the tax check-off and taxpayer participation in the tax
check-off.

(h) The Board of Directors shall take any necessary steps to encourage
the federal government to match the funds generated through the tax
check-off.

(i) The Board of Directors may recommend other means to generate funds
to assist needy families with postsecondary education opportunities.

(j) The Board of Directors shall encourage collaborative efforts and
foster a public-private partnership in the development of postsecondary
education programs.

(k) The Board of Directors shall advise the Mayor and the Council on
the actions needed to insure effective funding for postsecondary education
for needy families.

Sec. 807. Rules of procedure; contributions.

(a) The Board of Directors may develop rules of organization and
procedure pursuant to Title I of the District of Columbia Administrative
Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official
Code §2-501 et seq.).

(b) The Board of Directors shall encourage and is authorized to accept
in-kind contributions from public or private agencies.

(c) The Board of Directors shall publish a list of grant awards in an
annual report. The Board of Directors shall request the assistance of the
media in publicizing to the general public the grant awards.

Sec. 808. Chapter 18 of Title 47 of the District of Columbia Official
Code is amended by adding a new section 47-1812.11c to read as follows:

"§ 47-1812.11c. Postsecondary Education Assistance Tax Check-Off.

"(a) There shall be provided on the District of Columbia
individual income tax return a voluntary check-off that indicates an
individual may contribute a minimum of $1 to the Postsecondary Education
Assistance Trust Fund ("Trust Fund") established pursuant to
section 803 of the Postsecondary Education Assistance Trust Fund Tax
Check-Off Temporary Act of 2002. The contribution shall reduce any refund
owed to the individual taxpayer or increase the taxes owed by the
individual taxpayer on the taxpayer’s income tax return. The funds
generated from the tax check-off shall be earmarked for the Trust Fund
except that any cost incurred by the Mayor in the collection, processing,
accounting, or disbursement of the funds generated by the tax check-off
shall be reimbursed to the Mayor from the funds generated by the tax
check-off.
"(b) The funds generated by the tax check-off established by
subsection (a) of this section shall be transferred to the Trust Fund
pursuant to rules issued by the Mayor that establish timetables and
procedures for transfer. Check-off funds shall be transferred to the Trust
Fund only after the costs of the Mayor described in subsection (a) of this
section are reimbursed.
"(c)(1) Except as provided in paragraph (2) of this subsection,
any unpaid District income tax liability on an individual income tax
return shall render any voluntary tax check-off election void. Any amount
paid for the purpose of contributing to the Trust Fund shall be used first
to satisfy any unpaid tax liability, in whole or part.
"(2) Any amount that remains after satisfaction of the unpaid tax
liability shall be transferred to the Trust Fund.".

Sec. 809. Rules.

(a) The Mayor, pursuant to Title I of the District of Columbia
Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204;
D.C. Official Code § 2-501 et seq.), shall issue rules to implement the
provisions of this title.

(b) The rules shall include standards for:

(1) The transfer of funds to the Trust Fund; and
(2) The reimbursement of costs incurred by the Mayor in the collection,
processing, accounting, or disbursement of the funds generated by the tax
check-off.

Sec. 810. Applicability.

The provisions of this title shall apply to any tax year beginning
after December 31, 2001.

Sec. 811. Dissolution.

Except as otherwise provided in a contract or legacy transferring or
loaning property to the Trust Fund, upon dissolution of the Trust Fund,
all remaining assets shall be transferred to the Mayor. The Mayor shall
make every effort to use the assets to provide postsecondary education
assistance to needy families.

TITLE IX. APPROPRIATIONS.

Sec. 901. This act shall be subject to the availability of
appropriations.

TITLE X. FISCAL IMPACT STATEMENT.

(a) The Council adopts the attached fiscal impact statement
submitted by the Budget Director 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. Official Code §1-206.02(c)(3)).

(b) With respect to Title V, the adoption of this act has no fiscal
impact.

(1) All monies generated by the tax check-off, and expended pursuant to
the Postsecondary Education Assistance Trust Fund Tax Check-off Amendment
Act of 2002, will come from donations by individual taxpayers; and
(2) All administrative cost incurred by the District in collecting,
processing, accounting, or disbursing the funds generated by the tax
check-off will be paid for by the monies generated by the tax check-off.

TITLE XI. EFFECTIVE DATE.

Sec. 1101. 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), and shall remain in effect for no longer than 90 days, as
provided for Temporary acts of the Council of the District of Columbia in
section 412(a) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a))

Chairman

Council of the District of Columbia

Mayor

District of Columbia