§ 38–1831.01. Utilization of space in District of Columbia public schools by public charter schools.

(a) The District of Columbia Public Schools system may allow existing public charter schools that are chartered pursuant to Chapter 18 of this title, to utilize space in DCPS facilities, for a period not greater than 15 years, where such facilities are currently or are projected to be underutilized.

(b)(1) As payment for the space allocation, the public charter school shall pay to DCPS an amount agreeable to the charter school and DCPS.

(2) The amount of payment shall be agreed upon before relocation of any public charter school into a DCPS facility.

(3) Repealed.

(d)(1) There is established as a special fund the DCPS School Facility Colocation Fund ("Fund"), which shall be administered by DCPS in accordance with paragraph (3) of this subsection.

(2) All payments received from public charter schools under this section shall be deposited in the Fund.

(3) Money in the Fund shall be used for the following purposes:

(A) To fund additional school programming, supplemental staff, special initiatives, and other activities and programs at DCPS schools in which charter schools are colocated; and

(B) For maintenance of, or improvements to, DCPS schools in which charter schools are colocated.

(4)(A) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(B) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(e) Any funds received by a DCPS school pursuant to this section shall be supplemental to any funds budgeted for the school from the Uniform Per Student Funding Formula or other fund source. A school's school-based budget shall not be reduced based on funds received pursuant to this section.