Code of the District of Columbia

Part E. Schools Modernization Fund.


§ 1–325.41. Schools Modernization Fund established.

(a) There is established a dedicated fund within the General Fund of the District of Columbia, as a separate budget line item, to be known as the Schools Modernization Fund. The fund shall be a revolving, nonlapsing fund, which shall consist of the following distinct accounts:

(1) The Debt Service account, the funds of which shall be solely used to pay the debt service on revenue bonds issued in accordance with this part, and which shall be funded through:

(A) Local funds;

(B) Federal funds;

(C) Federal grant funds;

(D) Any grants, gifts, or subsidies from public or private sources for the repair or renovation of District schools;

(E) Any return on investment of the assets of the Debt Service account, including interest thereon; and

(F) Such other funds as may be authorized to be deposited; and

(2) The Bond Revenue account, the funds of which shall be solely used to pay for the repair or renovation of District schools.

(b) Funds deposited in the Schools Modernization Fund shall not revert to the fund balance of 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 section, subject to authorization by Congress.


(Oct. 20, 2005, D.C. Law 16-33, § 4042, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 4042 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Short Title

Short title of subtitle E of title IV of Law 16-33: Section 4041 of D.C. Law 16-33 provided that subtitle E of title IV of the act may be cited as the Schools Modernization Amendment Act of 2005.


§ 1–325.42. Budget submission requirements.

(a) The Mayor shall submit to the Council, as part of the annual budget, a requested appropriation of local funds for the Schools Modernization Fund, including a description of estimated expenditures.

(b) The appropriation of local funds to, or the existence of retained funds in, the Schools Modernization Fund shall not replace local funding that otherwise would be directed to the capital budget for the District of Columbia Public Schools.


(Oct. 20, 2005, D.C. Law 16-33, § 4043, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 4043 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).


§ 1–325.43. Bond authorization.

(a) Pursuant to § 1-204.90, the Mayor is authorized to issue bonds to assist in financing, refinancing, or reimbursing costs of undertakings by the District to accomplish the purposes of this part.

(b) The Mayor shall submit and the Council shall approve, by resolution, the amount of bonds that shall be issued at any time for a project authorized by subsection (a) of this section that meets the criteria set forth in § 1-325.44. Each approval resolution shall state the aggregate principal amount of the bonds to be issued, and shall be accompanied by a description of each project showing its adherence to the criteria set forth in § 1-325.44.


(Oct. 20, 2005, D.C. Law 16-33, § 4044, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 4044 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).


§ 1–325.44. Criteria for use of bond revenue by District of Columbia Public Schools.

(a) To receive funds from the Bond Revenue account of the Schools Modernization Fund, the District of Columbia Public Schools (“DCPS”) shall:

(1) Develop a new Master Facilities Plan pursuant to § 38-2803, that incorporates the findings and goals of the master education plan developed by the Superintendent.

(2) Consolidate facilities and dispose of underused buildings in accordance with the Master Facilities Plan developed under subsection (a) of this section, and applicable law; and

(3) Submit to the Mayor and Council a proposed expenditure plan developed in consideration of city-wide capital efforts and approved by the Board of Education which shall include:

(A) The specific repair or renovation for which the requested funds shall be used;

(B) An explanation as to why these additional funds, which are available over and above funds appropriated for capital investment in schools, are necessary;

(C) An analysis as to how the specific project fits into the Master Facilities Plan developed under subsection (a) of this section and DCPS’ strategic objectives for school modernization;

(D) An analysis of any new program capacity to be created, including the student population to be served, how it fits into the master education plan developed by the Superintendent, and any anticipated savings resulting from providing programs within DCPS facilities instead of out-of-state;

(E) A declaration that no funds from the Bond Revenue account are intended for expenditure on a facility set for disposition; and

(F) A time table for completion of the proposed repair or renovation.

(b) Priority in funding shall be given to projects that:

(1) Locate new out-of-District special education programs within DCPS facilities;

(2) Create additional capacity for vocational education programs within DCPS facilities;

(3) Co-locate public charter schools within DCPS facilities; or

(4) Develop mixed-use facilities in collaboration with the District of Columbia Public Library, the Department of Parks and Recreation, or other appropriate District agencies.


(Oct. 20, 2005, D.C. Law 16-33, § 4045, 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, § 5(r), 53 DCR 6794.)

Section References

This section is referenced in § 1-325.43 and § 1-325.45.

Effect of Amendments

D.C. Law 16-191, in subsec. (b)(4), validated a previously made technical correction.

Emergency Legislation

For temporary (90 day) addition, see § 4045 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 3 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 § 3 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 § 3 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 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).

Temporary Legislation

Section 3 of D.C. Law 17-15 repealed subsec. (a).

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

Section 3 of D.C. Law 17-97, in subsec. (a), in the heading, substituted “Office of Public Education Facilities Modernization” for “District of Columbia Public Schools”, in par. (1), substituted “Facilities Master Plan” for “Master Facilities Plan” and “Chancellor” for “Superintendent”, in par. (2), substituted “Facilities Master Plan” for “Master Facilities Plan”, in the lead-in language of par. (3), substituted “,which shall include” for “and approved by the Board of Education which shall include”, in par. (3)(C), substituted “Facilities Master Plan” for “Master Facilities Plan”, and in par. (3)(D), deleted “developed by the Superintendent,”.

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

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.


§ 1–325.45. Annual report; review of funding priorities.

(a) The Superintendent shall submit to the Council, the Mayor, and the Board of Education, an annual report containing the following information:

(1) A summary of any real estate portfolio review and business plan studies for potential partnership development completed by the Superintendent;

(2) The number of projects developed by the Superintendent;

(3) The number of projects financed by the Schools Modernization Fund that:

(A) Created additional capacity within the District of Columbia Public Schools for special education students or programs;

(B) Created additional capacity for vocational education programs;

(C) Created a co-location arrangement with a public charter school; or

(D) Developed a shared-use facility or site between the District of Columbia Public Schools and another District agency.

(b) The Superintendent shall review the priorities for use of revenue from the Schools Modernization Fund specified in § 1-325.44 every 5 years and make recommendations to the Mayor, the Council, and the Board of Education on their continued validity or propose new priorities.


(Oct. 20, 2005, D.C. Law 16-33, § 4046, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 4046 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).