Code of the District of Columbia

Chapter 7B. Education Preparedness.


Subchapter I. Early Warning and Support System.

§ 38–751.01. Short title.

This subchapter may be cited as the “Early Warning and Support System Act of 2012”.


(June 19, 2012, D.C. Law 19-142, § 101, 59 DCR 3642.)


§ 38–751.02. Definitions.

For the purposes of this subchapter, the term:

(1) “DC-BAS” means the DC Benchmark System.

(2) “DC-CAS” means the District of Columbia Comprehensive Assessment System examination.

(3) “Feeder school group” means one or more schools serving students in grades 4 through 9. Feeder school groups shall be selected by the Mayor and may consist of any of the following:

(A) An elementary school, middle school, and a high school in the same feeder pattern;

(B) An education campus and high school in the same feeder pattern; or

(C) One school that serves students in grades 4 through 9.

(4) “Low-performing school” means a public school or public charter school in which fewer than 40% of students performed proficient or higher on the 2011 DC-CAS.

(5) “Mid-high-performing school” means a public school or public charter school in which 40% or more of students performed proficient or higher on the 2011 DC-CAS.


(June 19, 2012, D.C. Law 19-142, § 102, 59 DCR 3642.)


§ 38–751.03. Pilot early warning and support system.

(a)(1) There is established a pilot early warning and support system (“early warning and support system”) to track how individual students in grades 4 through 9 in 4 feeder school groups are performing on certain indicators of high school and college readiness. The early warning and support system shall identify students who are at risk of leaving school prior to graduation and develop initiatives to support high school and college readiness and increase high school graduation rates. The initiatives may include:

(A) College and career awareness;

(B) Parent outreach and engagement;

(C) Tutoring and mentoring for struggling learners, including the use of technology-based programs;

(D) Transition programs for middle and high school (particularly grades 5 and 8);

(E) Individualized learning plans; and

(F) Data coaches.

(2) Two feeder school groups shall be comprised of mid-high-performing schools and 2 feeder school groups shall be comprised of low-performing schools.

(b) The data collected shall include for each student in grades 4 through 9 in a feeder school group:

(1) The results of all standardized assessments, including the DC-CAS and DC-BAS;

(2) Measures of behavior and attendance; and

(3) Performance measures for math and English courses, including, at a minimum, mid-year and end-of-course grades.

(c) The Mayor shall implement the early warning and support system in 4 feeder school groups and may give priority to schools in which high school and college readiness initiatives developed pursuant to subsection (a)(1) of this section are in place.

(d)(1) Schools within each feeder school group are required to collaborate with each other and with the Mayor’s office to ensure alignment of data collection.

(2) Individual student data collected through the early warning and support system shall be shared with participating feeder school groups and summarized data shall be shared with the public.

(e) The participating feeder school groups shall have access to additional funding that shall support new and existing initiatives to increase high school and college readiness and to increase high school graduation rates.

(f) Funding shall be prioritized for low-performing schools.


(June 19, 2012, D.C. Law 19-142, § 103, 59 DCR 3642.)


§ 38–751.04. Survey.

The Mayor shall survey a sample of schools to identify existing initiatives used to support high school and college readiness and increase graduation rates. Results of the survey shall be submitted to the Council within 90 days of June 19, 2012.


(June 19, 2012, D.C. Law 19-142, § 104, 59 DCR 3642.)


§ 38–751.05. Report.

(a) The Mayor shall create a report that shall include:

(1) School-level data collected through the early warning and support system for each participating feeder school group;

(2) Recommendations highlighting best practices to improve high school and college readiness and increase high school graduation rates among all schools, including the feeder school groups; and

(3) A plan to expand the early warning and support system to all schools within 3 years of June 19, 2012.

(b) The report shall be submitted to the Council one year after implementation of this subchapter.


(June 19, 2012, D.C. Law 19-142, § 105, 59 DCR 3642.)


Subchapter II. Post-Secondary Preparation Plan.

§ 38–752.01. Short title.

This subchapter may be cited as the “Post-Secondary Preparation Plan Act of 2012”.


(June 19, 2012, D.C. Law 19-142, § 201, 59 DCR 3642.)


§ 38–752.02. Definitions.

For the purposes of this subchapter, the term:

(1) “Post-secondary institution” means an entity that awards an academic degree or professional certification, which may include a:

(A) University;

(B) College;

(C) Seminary;

(D) Vocational school;

(E) Trade school; or

(F) The military.

(2) “Public high school” means a public school or public charter school that provides instruction for students in the 9th through 12th grades.


(June 19, 2012, D.C. Law 19-142, § 202, 59 DCR 3642.)


§ 38–752.03. Post-secondary preparation plan.

(a)(1) Beginning with the graduating class of 2014, the Mayor shall ensure that each public high school student applies to at least one post-secondary institution before graduation.

(2) The Mayor shall ensure that each public high school student participates in a program designed to provide students with information on applying to an appropriate post-secondary institution, including information on financial aid and other resources necessary to streamline a transition to a post-secondary institution. The program may include school-based and non-school-based resources.

(b) The Mayor shall issue a report that details the number of students that attend a post-secondary institution, including the number of students who attend each type, including:

(1) Universities;

(2) Colleges;

(3) Vocational schools; and

(4) Other post-secondary institutions.

(c) Beginning with the graduating class of 2014, the Mayor shall require that each student attending public high school takes the SAT or the American College Testing program before graduation.

(d) The Mayor may exempt a student from the requirements of subsections (a)(1) and (c) of this section, if the Mayor determines that it would constitute an undue hardship on the student.


(June 19, 2012, D.C. Law 19-142, § 203, 59 DCR 3642.)


Subchapter III. Highly Effective Teacher Incentive.

§ 38–753.01. Short title. [Expired]

Expired.


(June 19, 2012, D.C. Law 19-142, § 301, 59 DCR 3642.)


§ 38–753.02. Definitions. [Expired]

Expired.


(June 19, 2012, D.C. Law 19-142, § 302, 59 DCR 3642.)


§ 38–753.03. Pilot incentive program. [Expired]

Expired.


(June 19, 2012, D.C. Law 19-142, § 303, 59 DCR 3642.)


§ 38–753.04. Report. [Expired]

Expired.


(June 19, 2012, D.C. Law 19-142, § 304, 59 DCR 3642.)


§ 38–753.05. Sunset.

This subchapter shall expire 3 years from June 19, 2012.


(June 19, 2012, D.C. Law 19-142, § 305, 59 DCR 3642.)


Subchapter IV. Community Schools Incentive.

§ 38–754.01. Short title.

This subchapter may be cited as the “Community Schools Incentive Act of 2012”.


(June 19, 2012, D.C. Law 19-142, § 401, 59 DCR 3642.)


§ 38–754.02. Definitions.

For the purposes of this subchapter, the term:

(1) “Community partner” means a provider of one or more eligible services.

(2) “Community school” means a public and private partnership to coordinate educational, developmental, family, health, and after-school-care programs during school and non-school hours for students, families, and local communities at a public school or public charter school with the objectives of improving academic achievement, reducing absenteeism, building stronger relationships between students, parents, and communities, and improving the skills, capacity, and well-being of the surrounding community residents.

(3) “Eligible consortium” means a partnership established between a local education agency and one or more community partners for purposes of establishing, operating, and sustaining a community school.

(4) “Eligible services” means:

(A) Primary medical and dental care that will be available to students and community residents;

(B) Mental health prevention and treatment services that will be available to students and community residents;

(C) Academic-enrichment activities designed to promote a student’s cognitive development and provide opportunities to practice and apply academic skills;

(D) Programs designed to increase attendance, including reducing early chronic absenteeism rates;

(E) Youth development programs designed to promote young people’s social, emotional, physical, and moral development, including arts, sports, physical fitness, youth leadership, community service, and service-learning opportunities;

(F) Early childhood education, including Head Start and Early Head Start programs;

(G) Programs designed to:

(i) Facilitate parental involvement in, and engagement with, their children’s education, including parental activities that involve supporting, monitoring, and advocating for their children’s education;

(ii) Promote parental leadership in the life of the school; and

(iii) Build parenting skills;

(H) School-age child-care services, including before-school and after-school services and full-day programming that operates during school holidays, summers, vacations, and weekends;

(I) Programs that provide assistance to students who have been truant, suspended, or expelled and that offer multiple pathways to high school graduation or General Educational Development completion;

(J) Youth and adult job-training services and career-counseling services;

(K) Nutrition-education services;

(L) Adult education, including instruction in English as a second language, adult literacy, computer literacy, financial literacy, and hard-skills training; or

(M) Programs that provide remedial education and enrichment activities.


(June 19, 2012, D.C. Law 19-142, § 402, 59 DCR 3642.)

Section References

This section is referenced in § 38-754.03.


§ 38–754.03. Administration of Community Schools Incentive Initiative.

(a) The Mayor shall establish and administer the multiyear Community Schools Incentive Initiative (“Incentive Initiative”) to award multiyear grants to incentivize the establishment of no fewer than 5 new community schools within one year of June 19, 2012, with priority given to schools that have:

(1) A focus on mental health prevention and treatment services;

(2) A student population where more than 60% of the students are at-risk as defined in § 38-2901(2A); and

(3) A focus on improving academic outcomes for students.

(b) The Mayor shall promote and encourage the use of public school and public charter school facilities by community and neighborhood groups.

(c) Within 60 days of June 19, 2012, the Mayor shall convene a Community Schools Advisory Committee that shall consist of:

(1) The Chancellor of the District of Columbia Public Schools, or designee;

(2) The Director of the Department of Parks and Recreation, or designee;

(3) The Director of the Department of Health, or designee;

(4) The Director of the Department of Employment Services, or designee;

(5) The President of the State Board of Education, or designee;

(6) The President of the University of the District of Columbia, or designee;

(7) The President of the University of the District of Columbia Community College, or designee;

(8) The Deputy Mayor for Education, or designee;

(9) Representatives from at least 4 community-based organizations;

(10) Representatives from at least 4 philanthropic or business organizations;

(11) The Director of the Public Charter School Board, or designee; and

(12) The directors of 2 public charter schools.

(d) The Community Schools Advisory Committee shall:

(1) Advise the Mayor on the development of the Incentive Initiative, including the development of a results-based framework and accompanying performance indicators with which to measure the success of the Incentive Initiative;

(2) Participate in the selection process for Incentive Initiative grantees;

(3) Develop recommendations on how all public schools can become centers of their communities by opening school facilities for nonprofit and community use;

(4) Identify potential funding sources for the provision of eligible services within the Incentive Initiative;

(5) Develop yearly measurable performance goals to assess:

(A) How to increase the percentage of families and students receiving services for each year of the Incentive Initiative;

(B) The outcomes for students and families, particularly student academic achievement; and

(C) The number of public schools and public charter schools that have established formal relationships with community and neighborhood groups to use school facilities; and

(6) Meet at least annually to review and evaluate the annual progress of the Incentive Initiative and to make recommendations, if any, to the Mayor and the Council for improvement of the Incentive Initiative.

(e) Within 180 days of June 19, 2012, the Mayor shall establish a process for awarding grants of no more than $200,000 a year to successful eligible consortiums and shall require that each application for an Incentive Initiative grant include:

(1) An assessment of the local school community, the neighborhood’s needs and assets, and an analysis of the academic, health, and social service needs of the target population of students;

(2) A description of the proposed eligible consortium, including the type and number of community partners, as defined in § 38-754.02, and how the eligible consortium shall address the needs and build upon the assets of the community that the eligible consortium will serve;

(3) A proposed budget and narrative description of the proposed use of grant funds, which budget shall reflect a core concept of service coordination and integration and the narrative describe how the eligible consortium shall provide at least 4 additional eligible services that did not exist before the establishment of the eligible consortium;

(4) The identification of operational funding for eligible services and community partners;

(5) A plan for the development of a community advisory board to include members of school leadership, school faculty, parents of school students, community leaders, community-based organizations, and other community members;

(6) A narrative description of the program approach, including an implementation action plan and explanation of how the chosen approach is evidence-based either through research or other proven community schools models; and

(7) A plan for quarterly qualitative and quantitative program evaluation, including measurable indicators of success in areas such as student academic achievement; graduation and attendance rate; and improvement in student health and socio-emotional well-being.

(f) The Mayor shall:

(1) Conduct periodic evaluations of the progress achieved with funds allocated under a grant, consistent with the purposes of this section;

(2) Use the evaluations to refine and improve activities conducted with the grant and the performance measures for the activities;

(3) Make the results of the evaluations publicly available, including providing public notice of the availability; and

(4) Identify best practices and lessons learned for the purpose of informing the District-wide community school policy.


(June 19, 2012, D.C. Law 19-142, § 403, 59 DCR 3642; Oct. 22, 2015, D.C. Law 21-36, § 4192, 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 rewrote (a)(1) and (2); added (a)(3); added (d)(6) and made related changes; rewrote (e)(1); and added (e)(6) and (7) and made related changes.

Emergency Legislation

For temporary (90 days) addition of this section, see § 4192 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 38–754.04. Establishment of Community School Fund.

(a) There is established as a nonlapsing fund the Community Schools Fund (“Fund”). All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(b)(1) The Fund shall be used solely for the purposes of supporting schools designated as community schools.

(2) No more than 10% of the Fund shall be used to fund administrative costs associated with the operations of the Mayor; and

(3) The Fund shall be used to fund the planning and implementation of the Incentive Initiative grant program.

(c) The following monies shall be deposited into the Fund:

(1) Federal funds and grants;

(2) Local funds;

(3) Gifts; and

(4) Payments from public or private sources.


(June 19, 2012, D.C. Law 19-142, § 404, 59 DCR 3642.)


Subchapter V. Early Childhood Education.

§ 38–755.01. Short title.

This subchapter may be cited as the “Early Childhood Education Act of 2012”.


(June 19, 2012, D.C. Law 19-142, § 501, 59 DCR 3642.)


§ 38–755.02. Definitions.

For the purposes of this subchapter, the term:

(1) “Chancellor” means the chief executive officer of the District of Columbia Public Schools appointed pursuant to § 38-174.

(2) “DCPS” means the District of Columbia Public Schools established by § 38-171.


(June 19, 2012, D.C. Law 19-142, § 502, 59 DCR 3642.)


§ 38–755.03. Requirements and goals.

(a) To meet the academic achievement requirements and goals set forth in this section, the Chancellor shall:

(1) Establish guidelines for academic achievement;

(2) Develop and implement curricula; and

(3) Ensure that DCPS staff and administrators are trained to implement the curricula established pursuant to paragraph (2) of this subsection to meet the goals set forth in subsection (b) of this section.

(b) The Chancellor shall be responsible for:

(1) Academic achievement goals, which shall include the reasonable expectation that all children:

(A) Three or 4 years of age in DCPS shall be properly prepared for entry and achievement in the DCPS kindergarten program; and

(B) In the 3rd grade, upon being promoted to the 4th grade, shall be able to read independently and to understand the fundamental of mathematics so that they can:

(i) Add;

(ii) Subtract;

(iii) Multiply; and

(iv) Divide; and

(2) Readiness goals, which shall include readiness evaluations for all children:

(A) Three or 4 years of age in DCPS, which shall be designed and implemented to measure the ability of a student entering the DCPS kindergarten program and to determine his or her readiness for entry and achievement in DCPS; and

(B) In kindergarten through 3rd grade in DCPS, which shall be designed and implemented to measure the reading and mathematical ability of a student entering a grade kindergarten through 3rd grade to determine the student’s readiness for entry and achievement in the relevant grade level.


(June 19, 2012, D.C. Law 19-142, § 503, 59 DCR 3642.)


§ 38–755.04. Tracking and monitoring.

The Chancellor shall:

(1) Track and monitor the preparedness of:

(A) The early childhood population of children 3 and 4 years of age to determine the children’s readiness for entry and achievement in DCPS; and

(B) Children in kindergarten through 3rd grade in DCPS to determine their readiness for entry and achievement in the 4th grade;

(2) Develop a plan to address:

(A) The early childhood population of children 3 and 4 years of age who are not ready for entry and achievement in DCPS; and

(B) Children in kindergarten through 3rd grade in DCPS who are not ready for entry and achievement in the 4th grade;

(3) Conduct readiness evaluations annually to ascertain whether:

(A) Children 3 and 4 years of age are prepared for kindergarten; and

(B) Children in the 3rd grade are prepared to be promoted to the 4th grade; and

(4) Submit to the Council and the Mayor, by October 1 of each year:

(A) The results of the readiness evaluations required by paragraph (3) of this section; and

(B) A DCPS annual report for the preceding academic year delineating the progress and readiness of all students.


(June 19, 2012, D.C. Law 19-142, § 504, 59 DCR 3642.)


Subchapter VI. Rulemaking.

§ 38–756.01. Rules.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§  2-501 et seq.], shall issue rules to implement the provisions of this chapter.

(b) Each local education agency may advise the Mayor with respect to all proposed matters or rules issued pursuant to this chapter.


(June 19, 2012, D.C. Law 19-142, § 601, 59 DCR 3642.)


Subchapter VII. Applicability of Chapter.

§ 38–757.01. Applicability. [Repealed]

Repealed.


(June 19, 2012, D.C. Law 19-142, § 701, 59 DCR 3642; Sept. 20, 2012, D.C. Law 19-168, § 7009, 59 DCR 8025; Oct. 22, 2015, D.C. Law 21-36, § 7013, 62 DCR 10905.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added the subsection (a) designation; substituted “through September 30, 2013” for “upon the inclusion of its fiscal effect in an approved budget and financial plan” in (a); and added (b).

Emergency Legislation

For temporary (90 day) amendment of section 701 of D.C. Law 19-345, see § 7009 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 7009 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) repeal of D.C. Law 19-142, § 701, see § 7010b 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) addition of D.C. Law 20-155, § 7010b, repealing D.C. Law 19-142, § 701, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) repeal of D.C. Law 19-142, § 701, see § 7010b 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).

For temporary (90 days) addition of D.C. Law 20-155, § 7010b, repealing D.C. Law 19-142, § 701, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) repeal of D.C. Law 19-142 and repeal of this chapter, see § 7016(j) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) addition of D.C. Law 20-155, § 7010b, see § 2(j) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Editor's Notes

Section 7016 of D.C. Law 19-168 provided that Sections 7001, 7004, 7007, 7009, 7011, and 7015 of the act shall apply as of June 19, 2012.