§ 38–191. Department of Education; establishment; authority.

(a) Pursuant to § 1-204.04(b), the Council establishes a Department of Education, subordinate to the Mayor. The department shall be headed by a Deputy Mayor for Education, who shall be appointed pursuant to § 1-523.01(a).

(b) The Department of Education shall:

(1) Have oversight of the:

(A) State Superintendent of Education Office;

(B) Office of Public Education Facilities Modernization; and

(D) Development of a comprehensive, District-wide data system that integrates and tracks data across education, justice, and human service agencies.

(2) Be responsible for the planning, coordination, and supervision of all public education and education-related activities under its jurisdiction, including development and support of programs to improve the delivery of educational services and opportunities, from early childhood to the post-secondary education level, including the District of Columbia Public Schools, public charter schools, and the University of the District of Columbia; provided, that nothing in this chapter shall be interpreted to grant to the Mayor any authority over the University of the District of Columbia that is currently vested in the Board of Trustees of the University of the District of Columbia;

(3) Promote, coordinate, and oversee collaborative efforts among District government agencies to support education and child development as it relates to education, including coordinating the integration of programs and resources;

(4) Coordinate programs, policies, and objectives of the Mayor with the Board of Trustees of the University of the District of Columbia;

(5) Promote, coordinate, and oversee the enhancement and quality of workforce preparation programs within the State Superintendent of Education Office;

(6) Promote, coordinate, and oversee the enhancement and quality of adult literacy and adult education programs within the State Superintendent of Education Office;

(7) Submit to the Mayor, Chancellor, State Board of Education, and the Council the reports required by § 38-353(14) and (15);

(8) Coordinate the development of the Master Facilities Plan;

(9) Provide administrative and technical support for the Common Lottery Board; and

(10)(A) By May 31, 2021, establish common financial reporting standards for the non-capital budgets and expenditures of District of Columbia Public Schools and public charter schools. The common financial reporting standards shall:

(i) Include categories for reporting budgets and expenditures for instructional staff, school administrators, instructional supports, educational materials, and non-educational administrative costs;

(ii) Permit meaningful and accurate budget and expenditure comparisons, including comparisons of budgets and expenditures for at-risk students, as defined in § 38-2901(2A), between all public schools and between all local education agencies;

(iii) Ensure full and accurate disclosure of administrative costs for each local education agency; and

(iv) Make it possible to collect comparable data by school campus.

(B) For the purposes of this paragraph, the term:

(i) "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.

(ii) "Public schools" includes public charter schools.

(b-1)(1) The Deputy Mayor for Education may implement a centralized data system to collect, analyze, and publish data on how and how well the District's education and workforce-related programs, and the agencies and entities implementing those programs, are serving District residents throughout their lifetimes, with the goal of enabling the linkage, management, and monitoring of information on individuals' progress through education, workforce training, and employment.

(2) Each agency of the District government, including independent agencies, shall cooperate with the Deputy Mayor for Education in the implementation of the centralized data system, including by sharing education data for grades pre-kindergarten through 12, higher education data, and adult education data and workforce data with the Deputy Mayor for Education to the maximum extent allowed by federal law and notwithstanding the provisions of any District law otherwise limiting the sharing of such information.

(3) For the purposes of this subsection, the term:

(A) "Education data" means data relating to individual and aggregate student performance, including, as applicable:

(i) Student progress information, including enrollment, retention, attendance, credit hours earned, graduation status, graduation rate, and time to degree;

(ii) Academic performance data, including grade point average, state assessment results, major selected, courses taken, and degree earned;

(iii) Financial aid status, including amount and type of financial aid awarded;

(iv) College and career preparedness data, including:

(I) Participation in career and technical education, work-based learning programs, early college, and dual enrollment programs; and

(II) Free Application for Federal Student Aid completion status; and

(v) Student demographics and data by special population statuses, including status as:

(I) Eligible for English learner and special education services;

(II) A recipient of assistance under the Supplemental Nutrition Assistance Program, Temporary Assistance for Needy Families program, or Pell grants;

(III) Under the legal responsibility of a foster care agency or court; and

(IV) Experiencing homelessness.

(B) "Workforce data" means data relating to participation in workforce programs and workforce outcomes, including:

(i) Employment information, including type of employment, employer name, location of employment, wage, number of hours worked, and length of employment;

(ii) Employment-related benefits data and status, including unemployment status and data; and

(iii) Workforce program participation data, including program enrollment, program completion status, and credentials earned.

(C) "Workforce program" includes apprenticeship programs, subsidized employment programs, occupational skills training, on-the-job training, internships, and job readiness programs.

(b-2) The Department of Education shall be considered an authorized representative of the Office of the State Superintendent of Education and the Higher Education Licensure Commission under applicable federal, District, and state laws and regulations for the purpose of accessing and compiling student record data for research purposes.

(c) By December 31, 2009, the Deputy Mayor for Education shall submit to the to the Council for approval, by resolution, and to the State Board of Education for review, a plan describing the framework that it shall use to develop a statewide, strategic education and youth development plan (“EYD plan”).

(d) By September 30, 2010, the Deputy Mayor for Education shall submit to the Council for approval, by resolution, and to the State Board of Education for review, the EYD plan, which shall include:

(1) A clearly articulated vision statement for children and youth from zero to 24 years of age;

(2) Stated goals and operational priorities;

(3) An assessment of needs, including a showing that the comprehensive strategy to address the stated needs is based on research and data;

(4) A timeline and benchmarks for planning and implementation;

(5) An operational framework that provides for shared accountability, broad-based civic community involvement, and coordination:

(A) With District, school, and other community efforts;

(B) With key stakeholders throughout the community, including those in top public and civic leadership;

(D) With economic development policies and plans; and

(E) Of multiple funding streams to ensure sustainability of the EYD plan;

(6) An explication of the location and planning, including intended use and design, for the District’s educational facilities and campuses; and

(7) Recommendations for policy and legislative changes, if needed, to increase the effectiveness of the EYD plan.

(e) The Mayor shall review and update the EYD plan every 3 years and submit the plan to the Council for approval, by resolution, and to the State Board of Education for review.

(f)(1) To support the establishment of common financial reporting standards required pursuant to subsection (b)(10) of this section, the Deputy Mayor for Education may issue grants not to exceed $200,000, in Fiscal Year 2021.

(2) Grants issued pursuant to this subsection shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1.

(g) By September 30, 2023, and every 5 years thereafter, the Mayor shall submit to the Council an in-depth education funding adequacy study that:

(1) Reviews the Uniform Per Student Funding Formula ("UPSFF"), the city's method for allocating local operating dollars to District of Columbia Public Schools ("DCPS") and public charter schools, provided in subchapter I of Chapter 29 of this title, by, among other things, reviewing:

(A) The costs and expenses associated with operating DCPS and public charter schools included and excluded from the UPSFF, and recommending revisions; and

(B) The categories and weights provided in §§ 38-2903, 38-2904, 38-2905, and 38-2905.01 of the UPSFF Act and recommending revisions, including possible new categories or weights, if any; and

(2) Addresses issues of equitable funding among schools and between DCPS and public charter schools and recommends revisions to the UPSFF to achieve more equitable student outcomes.

(June 12, 2007, D.C. Law 17-9, § 202, 54 DCR 4102; Mar. 3, 2010, D.C. Law 18-111, § 4051(a), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 4123, 57 DCR 6242; Feb. 26, 2015, D.C. Law 20-155, § 4052(a), 61 DCR 9990; Dec. 3, 2020, D.C. Law 23-149, § 4052, 67 DCR 10493; Sept. 21, 2022, D.C. Law 24-167, § 4132, 69 DCR 009223; Sept. 6, 2023, D.C. Law 25-50, § 4012, 70 DCR 10366.)

Section References

This section is referenced in § 2-1593 and § 38-2803.

Effect of Amendments

D.C. Law 18-111, in subsec. (b)(1)(B), inserted “and” at the end; repealed subsec. (b)(1)(C); in subsec. (b)(2), substituted “education level, including the District of Columbia Public Schools, public charter schools, and the University of the District of Columbia; provided,” for “education level; provided,”; and added subsecs. (c), (d), and (e). Prior to repeal, subsec. (b)(1)(C) read as follows: “(C) Office of Ombudsman for Public Education; and”.

D.C. Law 18-223, in subsec. (b), deleted “and” from the end of par. (6); substituted “; and” for a period at the end of par. (7), and added par. (8).

The 2015 amendment by D.C. Law 20-155 added (b)(9) and made related changes.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4132 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 day) amendment of section, see § 4051(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 4051(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 4123 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 days) limited grant-making authority for the Deputy Mayor for Education, see § 4092 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) limited grant-making authority for the Deputy Mayor for Education, see § 4092 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 4052(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of a provision concerning the Deputy Mayor for Education’s limited grant-making authority, see §§ 4102 and 4103 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 4052(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of a provision concerning the Deputy Mayor for Education’s limited grant-making authority, see §§ 4102 and 4103 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 4052(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) addition of a provision concerning the Deputy Mayor for Education’s limited grant-making authority, see §§ 4102 and 4103 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-61, § 4092, see § 7052(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of D.C. Law 20-61, § 4092, see § 7042(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of D.C. Law 20-61, § 4092, see § 7042(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) addition of provisions allowing the Deputy Mayor for Education limited grant-making authority, see §§ 4122 and 4152 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Short Title

Short title: Section 4050 of D.C. Law 18-111 provided that subtitle F of title IV of the act may be cited as the “Department of Education Establishment Amendment Act of 2009”.

Section 4091 of D.C. Law 20-61 provided that Subtitle I of Title IV of the act may be cited as the “Deputy Mayor for Education Limited Grant-Making Authority Act of 2013”.

Editor's Notes

Section 4032 of D.C. Law 23-16 provied that: (a) For Fiscal Year 2020, the Deputy Mayor for Education shall have grant-making authority to provide a grant in an amount not to exceed $300,000 for a study of the uniform per student funding formula as recommended by the February 1, 2019 report of the Uniform Per Student Funding Formula Working Group and (b) A grant issued under this section shall be administered pursuant to the requirements set forth in subchapter XII-A of Chapter 3 of Title 1.

Section 4144 of D.C. Law 21-160 provided for Deputy Mayor for Education reporting requirements.

Section 4092 of D.C. Law 20-61 provided that, for fiscal year 2014, the Deputy Mayor for Education shall have grant-making authority solely for the purpose of providing a capital grant of $6 million for facility construction of a language-immersion public charter school serving middle and high school-aged students in the District; provided, that the grant issued under this section shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [§ 1-328.11 et seq.].

Section 4102 of D.C. Law 20-155 provided: “Deputy Mayor for Education limited grant-making authority.

“For Fiscal Year 2015, the Deputy Mayor for Education shall have grant-making authority solely to provide:

“(1) An operational grant of $ 2 million for the development of a language immersion public charter school campus serving middle- and high-school students; provided, that the grant shall not be used for the lease, renovation, or development costs of a temporary location; and

“(2) An operational grant of $ 2 million to support the project development and management of an athletic and community meeting space on the grounds of a public charter school that provides a classical education to students in grades 5 through 12.”

Section 4103 of D.C. Law 20-155 provided that grants issued pursuant to § 4102 of the act shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [§ 1-328.11 et seq.].

Section 7042(a) of D.C. Law 20-155 repealed D.C. Law 20-61, § 4092.

Section 4122 of D.C. Law 21-36 provided: “(a) Notwithstanding any other provision of law, the Deputy Mayor for Education may enter into one or more written agreements for advertisements and sponsorships to fund My School DC EdFest, an annual citywide public school fair.

“(b) No agreement pursuant to this section may require the District to expend funds.

“(c) Only advertisements shall be agreed to in exchange for corporate goods, services, or funds.

“(d) There shall be no limit to the value of goods, services, or funds that may be received from an organization, registered or not, or from an individual, regardless of whether the organization is located, or the individual resides, within the District of Columbia.

“(e) Any sponsorship or advertisement pursuant to this section shall be memorialized by written agreement of the parties.

“(f) The Deputy Mayor for Education shall keep an accounting of all goods, services, and funds received pursuant to this section and shall submit to the Mayor and to the Council of the District of Columbia a report accounting for all goods, services, and funds received pursuant to this section by December 31st of each year.”

Section 4152 of D.C. Law 21-36 provided: “Deputy Mayor for Education limited grant-making authority.

“(a) For Fiscal Year 2016, the Deputy Mayor for Education shall have grant-making authority solely to provide:

“(1) Grants not to exceed $ 270,000 to organizations to provide advocacy, individual counseling, academic support, enrichment, life-skills training, and employment-readiness services for high school students in the District who are at risk of dropping out.

“(2) Grants not to exceed $ 150,000 to organizations to provide a music instruction program serving elementary school students in the District that have limited means to afford or access to instrumental music instruction.

“(3) A grant in an amount not to exceed $ 150,000, for a study, in consultation with the Board of Trustees of the University of the District of Columbia, to evaluate the cost, benefits, and feasibility of relocating the University of the District of Columbia Community College to a location east of the Anacostia River. The Deputy Mayor for Education, in consultation with the Board of Trustees of the University of the District of Columbia, may conduct the study in lieu of issuing a grant.

“(b) Grants issued under this section shall be administered pursuant to the requirements set forth in the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code Section 1-328.11 et seq.).”