§ 38–102. General policies; expenditures; appointment of employees.

(a) The Board of Education shall determine all questions of general policy relating to the schools and the Superintendent shall implement such policy. The Board of Education shall appoint and evaluate the Superintendent who shall be responsible for the day-to-day operation of the schools.

(b) The Board of Education shall, at least every 2 years, adopt and publish an Education Policy Agenda that establishes spending priorities, goals and objectives; that establishes the organizational chart for the District of Columbia Public Schools; and that recognizes the policy-setting role of the Board and the management role of the Superintendent. In the course of preparing the Agenda, the Board of Education and the Superintendent shall take into account the recommendations of the Mayor, community and parent organizations, and recognized experts in the fields of education and finance. The Agenda shall be published in the D.C. Register and newspapers of general circulation.

(c) The Board of Education shall hire the Superintendent of Schools who shall be the chief executive officer for District of Columbia Public Schools, serve as a nonvoting member of the Board, and be responsible for the operations of the schools. The Board and Superintendent shall negotiate a performance contract setting forth the specific responsibilities of the Superintendent and shall make the contract available to the public on request. The Board shall have the authority to remove the Superintendent.

(d) The Board of Education shall establish personnel policies and guidelines for the hiring of principals and other personnel by the Superintendent, but shall not make or approve personnel decisions or negotiate with representatives of employee organizations.

(e) The Board of Education shall establish guidelines and goals for academic achievement.

(June 20, 1906, 34 Stat. 317, ch. 3446, § 2(g); Apr. 22, 1968, 82 Stat. 102, Pub. L. 90-292, § 3(b); July 18, 2000, D.C. Law 13-149, § 3, 47 DCR 4639; Mar. 25, 2009, D.C. Law 17-353, § 206, 56 DCR 1117.)

Prior Codifications

1981 Ed., § 31-102.

1973 Ed., § 31-103.

Effect of Amendments

D.C. Law 13-149 rewrote this section, which formerly read:

“The Board shall determine all questions of general policy relating to the schools, shall appoint the executive officers hereinafter provided for, define their duties, and direct expenditures. All expenditures of public funds for such school purposes shall be made and accounted for as now provided by law under the direction and control of the Mayor of the District of Columbia. The Board shall appoint all teachers in the manner hereinafter prescribed and all other employees provided for in this chapter.”

Section 7 of D.C. Law 13-149 provided: “This act shall apply upon the effective date of the School Governance Charter Amendment Act of 2000.”

D.C. Law 17-353, in the section credit, validated a previously made technical correction.

Emergency Legislation

For temporary (90 day) addition, see § 2 of the District of Columbia Public Schools Partnership Emergency Act of 2012 (D.C. Act 19-395, July 18, 2012, 59 DCR 8703).

For temporary establishment of the Public Schools Revenue Generation Fund, see § 2 of the District of Columbia Public Schools Partnership Emergency Act of 2012 (D.C. Act 19-395, July 18, 2012, 59 DCR 8703).

For temporary establishment of the Public Schools Revenue Generation Fund, see § 2 of the District of Columbia Public Schools Partnership Congressional Review Emergency Act of 2012 (D.C. Act 19-543, November 15, 2012, 59 DCR 13586), applicable as of October 16, 2012.

Temporary Legislation

Section 2 of D.C. Law 19-203 created the Public Schools Revenue Generation Fund as follows:

“There is established as a nonlapsing fund the Public Schools Revenue Generation Fund (‘Fund’), which shall be used solely as provided in subsection (d) of this section and administered by the District of Columbia Public Schools (‘DCPS’). The Fund shall be funded by annual appropriations, which shall be deposited into the Fund.”

“(b) 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 (d) of this section without regard to fiscal year limitation, subject to authorization by Congress.

“(c) Funds deposited into the Fund shall include:

“(1) The sale of tickets to sporting events and school performances (‘Ticket Sales’); and

“(2) School facility use agreement and permit fees pursuant to this act (‘Use Agreements’).

“(d) The Fund shall be used to support the administration, improvement, and maintenance of property and programs managed by DCPS to supplement, but not replace, services provided by DCPS.

“(e) Notwithstanding any other provision of law, DCPS may contract for, pursuant to all applicable contracting and procurement guidelines, Ticket Sales and Use Agreements.

“(f) The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this act. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within the 30-day review period, the proposed rules shall be deemed approved.”

Section 4(b) of D.C. Law 19-203 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Establishment of District of Columbia Advisory Committee on Education: See Mayor’s Order 89-256, November 7, 1989.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.