*NOTE: This section includes amendments by emergency legislation that will expire on August 24, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) The annual operating budget for DCPS shall:
(1) Allocate no more than 5% of its gross budget to central administration;
(2) Provide each school with not less than 95% of its prior year allocation of Formula funds, excluding those Formula funds directed to a school pursuant to paragraph (3) of this section; provided, that a school may receive less than 95% of such funds if that school is eliminating one or more grade levels offered at the school, faces a budgetary reduction due to the closing or consolidation of one school into another, or is undergoing a substantial instructional or programmatic change and the Chancellor includes in the budget submission to the Council a written justification for the greater than 5% reduction; provided further, that this paragraph shall not apply if the total Formula allocation to DCPS, excluding those Formula funds generated pursuant to § 38-2905.01, is reduced by more than 5% from its prior year allocation;
(3) Direct no less than 90% of the funds allocated to DCPS pursuant to § 38-2905.01 to school-level budgets and distribute such funds to schools proportionally based upon the number of at-risk students within each school’s projected student count; and
(4) Notwithstanding paragraphs (1) through (3) of this subsection, in School Year 2021-22, provide each school with not less than 100% of its prior year allocation of Formula funds as provided by the Fiscal Year 2021 budget adopted by the Council ("FY 2021 budget allocation"); provided, that a school may receive less than 100% of such funds if that school is eliminating one or more grade levels offered at the school. A school eliminating one or more grade levels may receive less than 100% of its FY 2021 budget allocation as long as it receives at least as much funding per remaining grade level as it received under its FY 2021 budget allocation.
(a-1)(1) Notwithstanding subsection (a)(2) of this section, in School Year 2019-2020, DCPS shall allocate the $5.353 million enhancement provided to DCPS in the Fiscal Year 2020 Local Budget Act of 2019 [D.C. Law 23-11] to the 31 schools whose budgets reflected net losses in the Mayor's Fiscal Year 2020 Proposed Budget and Financial Plan.
(2) Each of the 31 schools shall receive an allocation proportional to its proposed net loss.
(3) No later than November 1, 2019, DCPS shall submit to the Council a report reflecting the allocation each of the 31 schools described in paragraph (1) of this subsection received. The report shall include:
(A) A comprehensive list of all 31 schools and the total amount of additional funding allocated to each school pursuant to paragraph (2) of this subsection; and
(B) For each school, a breakdown of the allocation by program code and a detailed justification for allocating funding to the respective program code.
(b)(1) Funds provided to schools pursuant to subsection (a)(3) of this section shall be available for school utilization at the direction of the Chancellor in consultation with the principal and local school advisory team, for the purpose of improving student achievement among at-risk students. By October 1 of each year, the Chancellor shall make publicly available an annual report that explains the allocation of funds sorted by individual schools.
(3) Funds allocated pursuant to subsection (a)(3) of this section shall be supplemental to the school’s gross budget and shall not supplant any Formula, federal, or other funds to which the school is entitled.
(Mar. 26, 1999, D.C. Law 12-207, § 108a; as added Feb. 22, 2014, D.C. Law 20-87, § 4(c), 61 DCR 309; Oct. 22, 2015, D.C. Law 21-36, § 4092, 62 DCR 10905; Sept. 11, 2019, D.C. Law 23-16, § 4003(e), 66 DCR 8621; May 26, 2021, D.C. Act 24-92, § 2, 68 DCR 005858.)
This section is referenced in § 38-2831.
Effect of Amendments
The 2014 amendment by D.C. Law 20-87 added this section.
The 2015 amendment by D.C. Law 21-36 rewrote (b)(1); and repealed (b)(2).
For temporary (90 days) amendment of this section, see § 2 of District of Columbia Public Schools 2021-2022 Funding Stabilization Emergency Amendment Act of 2021 (D.C. Act 24-92, May 26, 2021, 68 DCR 005858).
For temporary (90 days) amendment of this section, see § 2 of the At-Risk Funding Emergency Amendment Act of 2015 (D.C. Act 21-13, Mar. 26, 2015, 62 DCR 3841, 21 DCSTAT 840).
For temporary (90 days) addition of this section, see § 4092 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
For temporary (225 days) amendment of this section, see § 2 of the At-Risk Funding Temporary Amendment Act of 2015 (D.C. Law 21-7, June 4, 2015, 62 DCR 4564).