(a)(1) An independent organization shall be retained by the Mayor of the District of Columbia to convene and staff an independent commission on public education finance reform in the District of Columbia, to be known as the Public Education Finance Reform Commission (“Commission”).
(2) The Commission shall:
(A) Be conducted according to the standard procedures of the independent organization, with full cooperation of the:
(i) Council;
(ii) Mayor;
(iii) Chancellor;
(iv) State Superintendent of Education; and
(v) Other government personnel;
(B) Establish a process by which the public may participate in providing information, opinion, and reaction to Commission proceedings and reports; and
(C) Post all documents that it produces on the Internet.
(3) All Commission meetings and deliberations shall be open to the public.
(b) The Commission shall study and report on revisions to the Uniform Per Student Funding Formula with regard to improvements in:
(1) Equity;
(2) Adequacy;
(3) Affordability; and
(4) Transparency, including:
(A) The maintenance of uniformity in funding between District of Columbia Public Schools (“DCPS”) and public charter schools, taking into account services provided without charge by other District of Columbia agencies;
(B) The determination of the funding level needed by DCPS and the public charter schools to provide educational services sufficient to enable public school students, including special education students and English-language learners, to meet the academic standards of the District of Columbia;
(C) The fiscal ability of the District of Columbia government to provide the necessary funding level; and
(D) The presentation of the Uniform Per Student Funding Formula and calculations made pursuant to it so that the public may clearly understand the basis of the calculations and related budget appropriations.
(c)(1) Prior to the delivery of final recommendations, the Commission shall provide to the Mayor and Council an equity report detailing for fiscal years 2009 and 2010:
(A) The kinds and amounts of payments made directly to DCPS and to public charter schools from the General Fund of the District of Columbia;
(B) The kind and amount of any other transfers from the General Fund of the District of Columbia to DCPS and public charter schools from District of Columbia government agencies;
(C) The kind and value of in-kind services provided to DCPS and the public charter schools by District of Columbia government agencies; and
(D) The kind and value of reprogrammed funds from the General Fund of the District of Columbia to DCPS or the public charter schools.
(2) The equity report shall include:
(A) An analysis of the impact of these payments, transfers, in-kind services, and reprogramming on the uniformity of funding for DCPS and public charter schools;
(B) Recommendations for increasing uniformity in the 2013 budget and succeeding years; and
(C) Weaknesses in the Uniform Per Student Funding Formula Act or in its implementation, if any, that interfere with uniformity of funding.
(d) No later than November 30, 2011, the Commission shall provide the Mayor and Council with a final report and its recommendations for consideration in the development of the fiscal year 2013 budget.
(Mar. 26, 1999, D.C. Law 12-207, § 116; as added Sept. 24, 2010, D.C. Law 18-223, § 4062, 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 402(e), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 7013, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 97, 59 DCR 6190.)
D.C. Law 18-370, in subsec. (a)(1), substituted “Mayor” for “Council”; rewrote subsec. (c)(1); and, in subsec. (d), substituted “September 30” for “June 30”. Prior to amendment, subsec. (c)(1) read as follows: “(c)(1) No later than January 31, 2011, the Commission shall provide to the Council an equity report detailing for fiscal years 2009 and 2010:”
D.C. Law 19-21, in subsec. (c)(1), substituted “Prior to the delivery of final recommendations, the Commission shall provide to the Mayor and Council” for “No later than January 31, 2011, the Commission shall provide to the Council”; and, in subsec. (d), substituted “November 30, 2011” for “June 30, 2011”.
The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 19-21 which did not affect this section as codified.
For temporary (90 day) additions, see § 4062 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
For temporary (90 day) amendment of section, see § 402(e) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).
For temporary (90 day) amendment of section, see § 7013 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
Structure District of Columbia Code
Title 38 - Educational Institutions
Chapter 29 - Uniform Per Student Funding Formula
§ 38–2902. Applicability of Formula
§ 38–2904. Weightings applied to counts of students enrolled at certain grade levels
§ 38–2905.01. Supplement to foundation level funding on the basis of the count of at-risk students
§ 38–2905.02. Pandemic Supplement Fund
§ 38–2906.01. Payments for District of Columbia Public Schools. [Repealed]
§ 38–2906.02. Payments to public charter schools
§ 38–2906.03. Public charter school stabilization funding
§ 38–2907. Education costs excluded from the Formula payments
§ 38–2908. Facilities allowance for Public Charter Schools
§ 38–2909. Cost of education adjustment. [Repealed]
§ 38–2910. Procedure for adjusting appropriation in case of revenue unavailability
§ 38–2911. Periodic revision of Formula