Code of the District of Columbia

§ 38–2971.01. Establishment of the Public School Capital Improvement Fund.

(a) There is established a nonlapsing special revenue fund to be known as the Public School Capital Improvement Fund (“Fund”), which shall be separate from the General Fund of the District of Columbia and which shall be used to provide a revenue source for the Office of Public Education Facilities Modernization.

(b) The Chief Financial Officer shall deposit into the Fund:

(1) All revenue specifically identified by any provision of District of Columbia law to be paid into the Fund; and

(2) Any federal grant or other federal funds that may be used for the purposes of the Fund.

(c) Funds deposited in the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this chapter, subject to authorization by Congress in an appropriations act.

(d) Beginning on October 1, 2006, the Chief Financial Officer shall transfer any funds deposited in the Fund to the Office of Public Education Facilities Modernization, subject to the requirements of § 38-2971.03.

(e) The appropriation of local funds to, or the existence of retained funds in, the Public School Capital Improvement Fund shall not replace local funding that otherwise would be directed to the capital budget for the Office of Public Education Facilities Modernization.


(June 8, 2006, D.C. Law 16-123, § 101, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1010(a), 54 DCR 4102.)

Effect of Amendments

D.C. Law 17-9 rewrote subsecs. (a), (d), and (e).

Emergency Legislation

For temporary (90 days) school modernization library funding, see § 4122 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) school modernization library funding, see § 4122 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) repeal of D.C. Law 20-61, § 4122, see § 7052(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of D.C. Law 20-61, § 4122, see § 7042(b) 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) repeal of D.C. Law 20-61, § 4122, see § 7042(b) 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).

Short Title

Section 4121 of D.C. Law 20-61 provided that Subtitle L of Title IV of the act may be cited as the “School Modernization Library Initial Circulation Funding Act of 2013”.

Editor's Notes

Section 4122 of D.C. Law 20-61 provided that for any completed school modernization, unexpended capital funds shall first be used to purchase the initial circulation in that school’s library before being reprogrammed for any other purpose.

Section 7042(b) of D.C. Law 20-155 repealed D.C. Law 20-61, § 4122.