D.C. Law 22-303. Students in the Care of D.C. Coordinating Committee Act of 2018.

D.C. Law 22-303. Students in the Care of D.C. Coordinating Committee Act of 2018.

AN ACT

To establish the Students in the Care of D.C. Coordinating Committee within the District government to identify challenges and resolve issues that students in detainment, commitment, incarceration, and foster care face in order to improve educational outcomes.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Students in the Care of D.C. Coordinating Committee Act of 2018".

New subchapter VIII of Chapter 15 of Title 2

New § 2-1599.01

Sec. 2. Definitions.

For the purposes of this act, the term:

(1) "Coordinating Committee" means Students in the Care of D.C. Coordinating Committee.

(2) "Local education agency" means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.

(3) "OSSE" means Office of the State Superintendent of Education.

(4) "Resident" means an individual who presently resides in the District or who was residing in the District at the time the individual became a student in the care of D.C.

(5) "Students in the Care of D.C." means District residents under 25 years of age who are incarcerated or detained by, committed to and under the custody of, or otherwise under the supervision of, the:

(A) Department of Youth Rehabilitation Services;

(B) Court Services and Offender Supervision Agency;

(C) Pretrial Services Agency for the District of Columbia;

(D) Family Court Social Services Division;

(E) Child and Family Services Agency;

(F) Department of Corrections; or

(G) Federal Bureau of Prisons.

New § 2-1599.02

Sec. 3. Establishment of the Coordinating Committee.

(a) The Students in the Care of D.C. Coordinating Committee is established within the District government.

(b) The Coordinating Committee shall be headed by a Director appointed by the Mayor with the advice and consent of the Council in accordance with section 2(a) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(a)).

(c) The Coordinating Committee shall facilitate interagency, department-level leadership in planning, policymaking, program development, and budgeting for successful educational experiences and outcomes for students in the care of D.C.

(d) The Mayor shall designate an agency in the education sector to provide staff assistance and administrative support to the Coordinating Committee.

New § 2-1599.03

Sec. 4. Membership of the Coordinating Committee.

(a) The Coordinating Committee shall consist of 25 voting members and 4 nonvoting members, as follows:

(1) The following governmental voting members or their designees:

(A) State Superintendent, OSSE;

(B) Director, ReEngagement Center;

(C) Director, Department of Youth Rehabilitation Services;

(D) Director, Child and Family Services Agency;

(E) Director, Department of Corrections;

(F) Chancellor, District of Columbia Public Schools;

(G) Executive Director, Public Charter School Board;

(H) President, University of the District of Columbia Community College;

(I) Director, Family Court Social Services Division;

(J) Chief Judge, Superior Court of the District of Columbia;

(K) Executive Director, Corrections Information Council;

(L) Director, Department of Behavioral Health;

(M) Attorney General for the District of Columbia;

(N) Director, Department of Disability Services;

(O) Director, District of Columbia Public Defender Service; and

(P) Deputy Mayor for Education;

(2) The following nongovernmental voting members:

(A) A parent, guardian, or foster parent of a student in the care of D.C.;

(B) A current or former student involved in the juvenile or criminal justice system;

(C) A current or former student involved in the foster care system;

(D) A representative from an organization that provide services to students involved in the juvenile or criminal justice system;

(E) A representative from an organization that provides services to students involved in the foster care system;

(F) An education attorney representing students in the care of D.C. involved in the juvenile and criminal system;

(G) An attorney representing students in the care of D.C. involved in the foster care system; and

(H) One representative each from 2 charter school local education agencies.

(3) The following nonvoting governmental members or their designees, who the Mayor shall invite to participate:

(A) Director, Court Services and Offender Supervision Agency for the District of Columbia;

(B) Director, Pretrial Services Agency for the District of Columbia; and

(C) Director, Bureau of Prisons; and

(4) The Director of the Coordinating Committee, who shall serve as a nonvoting member.

(b)(1) Within 60 days of the applicability date of this act, the Mayor shall nominate individuals to serve as the nongovernmental voting members identified in subsection (a)(2) of this section in accordance with section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(f)).

(2)(A) Each nongovernmental voting member of the Coordinating Committee shall serve a term of 4 years; provided, that of the initial appointments, the Mayor shall designate:

(i) 4 members to serve terms of 4 years;

(ii) 3 members to serve terms of 3 years; and

(iii) 2 members to serve terms of 2 years.

(B) Terms for the initial nongovernmental voting members shall begin on the date that a majority of the members are sworn in, which shall become the anniversary date for all subsequent appointments.

(C) When a vacancy occurs, the Mayor shall appoint a new member in accordance with paragraph (1) of this subsection.

(D) Any individual appointed to fill a vacancy of a nongovernmental voting member occurring before the expiration of the predecessor's term shall be appointed only for the remainder of the predecessor's term.

(E) Nongovernmental voting members may serve no more than 2 consecutive terms; provided, that a member appointed pursuant to subparagraph (C) of this paragraph, who served less than one year in the member's initial term, may serve 2 consecutive terms beyond the member's initial term.

(F) No individual who has served the maximum number of terms permitted pursuant to subparagraph (E) of this paragraph may be eligible for reappointment.

New § 2-1599.04

Sec. 5. The Director of the Coordinating Committee.

(a)(1) The Director of the Coordinating Committee shall be appointed to the Excepted Service as a statutory officeholder pursuant to section 908 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-609.08).

(2) The Director shall report to the Mayor.

(b) At minimum, the Director shall meet the following qualifications:

(1) Be familiar with the District public education system and member agencies;

(2) Have project management experience; and

(3) Possess expertise providing guidance and best practices for educating youth involved in the foster care and criminal justice systems.

(c) The Mayor is encouraged to consult with the Coordinating Committee on the specific qualifications and job description for this position.

(d) The Director shall have the following duties:

(1) Be responsible for and oversee the daily operations of the Coordinating Committee;

(2) Supervise Coordinating Committee staff;

(3) Recommend and institute internal policies, procedures, and processes for the Coordinating Committee to ensure efficient operations;

(4) Lead and coordinate the Coordinating Committee;

(5) Provide ongoing technical assistance to members of the Coordinating Committee in carrying out the recommendations in accordance with best practices, local laws, and federal laws;

(6) Be responsible for drafting the annual report mandated pursuant to section 7(c);

(7) Share best practices from around the country and facilitate knowledge sharing with other states and jurisdictions to increase knowledge of best practices and intervention strategies; and

(8) Work with executive agencies, community stakeholders, and the Coordinating Committee to create, coordinate, and implement the strategic plan created pursuant to section 7(d) to improve educational outcomes for students in the care of D.C.

New § 2-1599.05

Sec. 6. Operations of the Coordinating Committee.

(a) The Coordinating Committee shall vote on internal policies, procedures, and processes for its operation pursuant to section 5(d)(3).

(b)(1) The Coordinating Committee shall meet at least quarterly.

(2) All meetings of the Coordinating Committee shall have a quorum of 2/3 of the voting members in order to conduct business.

(c)(1) The Coordinating Committee may establish subcommittees as needed.

(2) Subcommittees may include persons who are not members of the Coordinating Committee; provided, that each subcommittee shall be chaired by a Coordinating Committee member.

(3) No meeting of a subcommittee of the Coordinating Committee shall qualify as a meeting of the Coordinating Committee for purposes of fulfilling the requirements in subsection (b) of this section.

New § 2-1599.06

Sec. 7. Duties and responsibilities of the Coordinating Committee.

(a) The Coordinating Committee shall provide leadership in the development of strategies and policies that guide the implementation of the District's policies and programs to improve educational outcomes for students in the care of D.C.

(b) To accomplish the goals of subsection (a) of this section, the Coordinating Committee shall:

(1) Assess current efforts in place to educate students in the care of D.C.;

(2) Cooperate with and support members in fully implementing all relevant agreements and memorandum of understanding;

(3) Review existing data collection and sharing efforts within and across agencies and make recommendations regarding the exchange and sharing of data for students in the care of D.C.; provided, that all such recommendations comply with local and federal law;

(4) Establish an effective system for monitoring the progress of general education and special education for students in the care of D.C.;

(5) Determine educational outcomes for students in the care of D.C., build capacity to track and measure outcomes, and implement strategies in accordance with the strategic plan created pursuant to subsection (d) of this section;

(6) Foster collaborative relationships with agency counterparts in Maryland and Virginia for students in the care of D.C. who are placed outside of the District; and

(7) Make recommendations concerning the coordination of the activities, implementation of practices, strategies, or programs, and the mobilization of the resources of member agencies to improve educational outcomes for students in the care of D.C.

(c)(1) The Coordinating Committee shall report, within 24 months following the applicability date of this act, and on an annual basis thereafter, on the status and progress of each member agency on fulfilling the goal in subsection (a) of this section and the strategic plan referenced in subsection (d) of this section.

(2) The Coordinating Committee shall transmit a publicly-available report to the Mayor and the Council.

(d) Within 12 months after the applicability of this act, and every 4 years thereafter, the Coordinating Committee shall draft and approve a strategic plan that encourages interagency and community coordination and improves educational outcomes for students in the care of D.C. At minimum, the plan required by this subsection shall:

(1) Clearly articulate a vision statement for students in the care of D.C.;

(2) State the goals and operational priorities of member agencies for improving educational outcomes for students in the care of D.C.;

(3) Include a District-wide needs assessment that takes into account existing data;

(4) Establish a timeline for implementing the strategic plan;

(5) Include an analysis of strategies that have been successful in improving educational outcomes for students in custody of the government;

(6) Be developed pursuant to a process that will identify, prioritize, and target needs for services for students in the care of D.C.;

(7) Provide estimates of the costs of carrying out various components of the plan; and

(8) Recommend policy and legislative changes, if needed, to improve educational outcomes for students in the care of D.C.

Sec. 8. Conforming Amendments.

(a) Section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(f)), is amended as follows:

Amend § 1-523.01

(1) Paragraph (65) is amended by striking phrase "; and" and inserting a semicolon in its place.

(2) Paragraph (66) is amended by striking the period at the end and inserting the phrase "; and" in its place.

(3) A new paragraph (67) is added to read as follows:

"(67) The Students in the Care of D.C. Coordinating Committee established pursuant to the Students in the Care of D.C. Coordinating Committee Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-950).".

(b) Section 908 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-609.08), is amended as follows:

Amend § 1-609.08

(1) Paragraph (16) is amended by striking the phrase "; and" and inserting a semicolon in its place.

(2) Paragraph (17) is amended by striking the period and inserting the phrase "; and" in its place.

(3) A new paragraph (18) is added to read as follows:

"(18) Director of the Students in the Care of D.C. Coordinating Committee.".

Sec. 9. Applicability.

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 10. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 11. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.