§ 38–1853.11. D.C. public schools and D.C. public charter schools.

(a) Condition of receipt of funds. — As a condition of receiving funds under this chapter on behalf of the District of Columbia public schools and the District of Columbia public charter schools, the Mayor shall agree to carry out the following:

(1) INFORMATION NECESSARY TO CARRY OUT EVALUATIONS.— Ensure that all District of Columbia public schools and District of Columbia public charter schools make available to the Institute of Education Sciences of the Department of Education all of the information the Institute requires to carry out the assessments and perform the evaluations required under § 38-1853.09(a).

(2) Agreement with the Secretary. — Enter into the agreement described in § 38-1853.09(a)(1)(B) to monitor and evaluate the use of funds authorized and appropriated for the District of Columbia public schools and the District of Columbia public charter schools under this chapter.

(3) Submission of report. — Not later than 6 months after the first appropriation of funds under § 38-1853.14, and each succeeding year thereafter, submit to the Committee on Appropriations, the Committee on Education and the Workforce, and the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Appropriations, the Committee on Health, Education, Labor, and Pensions, and the Committee on Homeland Security and Governmental Affairs of the Senate, information on—

(A) how the funds authorized and appropriated under this chapter for the District of Columbia public schools and the District of Columbia public charter schools were used in the preceding school year; and

(B) how such funds are contributing to student achievement.

(b) Specific Rules Regarding Funds Provided For Support Of Public Charter Schools.— The following rules shall apply with respect to the funds provided under this division for the support of District of Columbia public charter schools:

(1) The Secretary may direct the funds provided for any fiscal year, or any portion thereof, to the Office of the State Superintendent of Education of the District of Columbia.

(2) The Office of the State Superintendent of Education of the District of Columbia may transfer the funds to subgrantees that are—

(A) specific District of Columbia public charter schools or networks of such schools; or

(B) District of Columbia-based nonprofit organizations with experience in successfully providing support or assistance to District of Columbia public charter schools or networks of such schools.

(3) The funds provided under this division for the support of District of Columbia public charter schools shall be available to any District of Columbia public charter school in good standing with the District of Columbia Charter School Board, and the Office of the State Superintendent of Education of the District of Columbia and the District of Columbia Charter School Board may not restrict the availability of such funds to certain types of schools on the basis of the school's location, governing body, or the school's facilities.

(c) Enforcement.— If, after reasonable notice and an opportunity for a hearing, the Secretary determines that the Mayor has failed to comply with any of the requirements of subsection (a), the Secretary may withhold from the Mayor, in whole or in part—

(1) the funds otherwise authorized to be appropriated under § 38-1853.14(a)(2), if the failure to comply relates to the District of Columbia public schools;

(2) the funds otherwise authorized to be appropriated under § 38-1853.14(a)(3), if the failure to comply relates to the District of Columbia public charter schools; or

(3) the funds otherwise authorized to be appropriated under both paragraphs (2) and (3) of § 38-1853.14(a), if the failure relates to both the District of Columbia public schools and the District of Columbia public charter schools.

(d) Rule of construction. — Nothing in this section shall be construed to reduce, or otherwise affect, funding provided under this chapter for the opportunity scholarship program under this chapter.

(Apr. 15, 2011, 125 Stat. 209, Pub. L. 112-10, Div. C, § 3011; May 5, 2017, 131 Stat. 135, Pub. L. 115-31, Div. E, title IX, § 909.)

Section References

This section is referenced in § 38-1853.04.

Editor's Notes

Section 910 of Div. E, Title IX, of Public Law 115-31 provided that: Not later than the beginning of the 2018-2019 school year, the Secretary of Education and the Mayor of the District of Columbia shall revise the memorandum of understanding which is in effect under section 3012(d) of the Scholarships for Opportunity and Results Act as of the day before the date of the enactment of this title to address the following: (a) (1) The amendments made by this title. (2) The need to ensure that participating schools under the Scholarships for Opportunity and Results Act meet fire code standards and maintain certificates of occupancy. (3) The need to ensure that District of Columbia public schools and District of Columbia public charter schools meet the requirements under such Act to comply with all reasonable requests for information necessary to carry out the evaluations required under section 3009(a) of such Act.