Code of the District of Columbia

§ 38–2971.03. Use of Fund.

(a)(1) Funds transferred to the Office of Public Education Facilities Modernization from the Fund are in addition to the annual capital budget appropriation for the Office of Public Education Facilities Modernization, as required in § 47-305.02 [repealed], and shall be used in conjunction with the annual capital appropriation to finance, pursuant to § 38-2973.03, the modernization of public school facilities.

(2) For the purposes of this chapter, the term “modernization” means a construction project designed to bring an existing school building and its grounds up to current standards for condition, design, and utilization, as defined by the District of Columbia Public Schools educational requirements and current building codes. Modernization can include partial or complete demolition, new construction, and rehabilitation of existing building fabric, in any combination.

(b) No funds transferred to the Office of Public Education Facilities Modernization pursuant to this subchapter and subchapter II of this chapter shall be spent except to fund the Office of Public Education Facilities Modernization and to modernize District of Columbia Public Schools in accordance with the Facilities Master Plan and the Capital Improvement Plan and Budget.

(c) No funds shall be transferred by the Chief Financial Officer to the Office of Public Education Facilities Modernization unless the facilities management organizational strategy required by § 38-2971.04 has been submitted to and approved by the Council.

(c-1)(1) Except as provided in paragraph (3) of this subsection, funds provided pursuant to this chapter shall not be spent for any other purposes than those specified in the work program submitted to the Council on December 3, 2007 (“December submission”), and shall not exceed the amounts specified in the December submission without approval of the Council of an amended work program.

(2) An amended work program for any revisions in purpose or amount of any project or activity shall be submitted, along with a proposed resolution, to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the amended work program within the 45-day period, by resolution, the amended work program shall be deemed disapproved.

(3) Notwithstanding the requirements of paragraph (1) of this subsection, funds may be expended on:

(A) School Consolidation, including PreK-8 Renovation, Receiving School Blitz, Relocation, and Furniture Fixtures and Equipment, not to exceed $92 million, except as additional funds may be necessary to provide for an increase in Pre-Kindergarten enrollment;

(B) School Stabilization; including General Improvements, A/C and Electrical Upgrades, Boiler Readiness, Roof Repairs, Life/Safety Code, Program Management, and ADA Compliance, not to exceed $120 million;

(C) School Modernizations, as set forth on pages 100-119 of the December submission, not to exceed $434.5 million in addition to intra-District transfers;

(D) Technology development, pursuant to an intra-District agreement between OFM and the Office of the Chief Technology Officer, not to exceed $15 million;

(E) Athletic Facilities, not to exceed $36 million; and

(F) Such amounts as may be necessary to pay the U.S. Corps of Engineers for prior work.

(1) The Chief Financial Officer shall provide authority to obligate funds to the OFM to modernize and make capital improvements to District of Columbia Public Schools under this chapter if:

(A) The Facilities Master Plan is submitted as required by subsection (b) of this section and certified as required by paragraph (2) of this subsection; or

(B) The work program is submitted as required by subsection (c) or subsection (c-1) of this section, if applicable, of this section and certified as required by paragraph (2) of this subsection.

(2) The Chief Financial Officer shall transfer funds pursuant to this section only upon receipt of written certification from the Secretary to the Council of the District of Columbia that the requirements of § 38-2973.03 have been met.


(June 8, 2006, D.C. Law 16-123, § 103, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1010(c), 54 DCR 4102; Aug. 16, 2008, D.C. Law 17-219, § 4021, 55 DCR 7598.)

Section References

This section is referenced in § 38-2971.01.

Effect of Amendments

D.C. Law 17-9 rewrote subsecs. (a)(1), (b), (c), and (d).

D.C. Law 17-219, in subsec. (a)(1), deleted “and to pay for the budget and administrative costs of the Office of Public Education Facilities Modernization” following “facilities”; added subsec. (c-1); and rewrote subsec. (d), which had read as follows: “(d) The Chief Financial Officer shall transfer funds pursuant to this section only upon receipt of written certification from the Secretary to the Council of the District of Columbia that the requirements of § 38-2973.03 have been met.”

D.C. Law 17-219, § 4021(b), purported to amend subsection (b) and § 4021(d)(2) purported to amend subsection (d).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of School Modernization Funds Submission Requirements Waiver Emergency Amendment Act of 2007 (D.C. Act 17-30, April 19, 2007, 54 DCR 4079).

For temporary (90 day) amendment of section, see § 2 of School Modernization Use of Funds Requirements Emergency Amendment Act of 2007 (D.C. Act 17-129, October 5, 2007, 54 DCR 10030).

For temporary (90 day) amendment of section, see § 2 of School Modernization Use of Funds Requirement Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-229, December 27, 2007, 55 DCR 225).

For temporary (90 day) amendment, see § 4021 of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).

Temporary Legislation

Section 2 of D.C. Law 17-15 repealed subsecs. (b), (c), and (d).

Section 5(b) of D.C. Law 17-15 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 17-97 amended subsecs. (b), (c), and (d) to read as follows:

“(b) Funding authority provided to the Office of Public Education Facilities Modernization (”OFM“) pursuant to this title shall be spent to fund the OFM and to modernize District of Columbia Public Schools in accordance with the Capital Improvement Plan and Budget and the Facilities Master Plan. The Facilities Master Plan shall be submitted to the Council for its approval no later than May 31, 2008.

“(c) Notwithstanding any other law, a work program detailing the activities and capital projects to be undertaken by OFM for fiscal year 2008 and a proposed organizational structure for OFM, which includes the information listed in section 104(a)(1) through (7), shall be submitted within 60 days of the effective date of the School Modernization Use of Funds Requirements Emergency Amendment Act of 2007, effective October 5, 2007 (D.C. Act 17-129; 54 DCR 10030), and approved by the Council.

“(d)(1) The Chief Financial Officer shall not continue to provide authority to obligate funds to the OFM to modernize District of Columbia Public Schools under this title if either of the following submission deadlines is missed:

“(A) The Facilities Master Plan is not submitted as required by subsection (b) of this section and certified as required by paragraph (2) of this subsection; or

“(B) The work program and proposed organizational structure are not submitted as required by subsection (c) of this section and certified as required by paragraph (2) of this subsection.

“(2) The Chief Financial Officer shall continue to provide authority to obligate funds only upon receipt of written certification from the Secretary to the Council of the District of Columbia that the submission requirements of subsection (b) or (c) of this section, whichever is applicable, have been met.”

Section 7(b) of D.C. Law 17-97 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 4020 of D.C. Law 17-219 provided that subtitle J of title IV of the act may be cited as the “School Modernization Financing Amendment Act of 2008”.