§ 38–2851.03. Schools First budgets.

(a) In formulating the annual DCPS operating budget for submission to the Council, the annual budget for each DCPS school for the next fiscal year ("Schools First budget") shall be determined according to the following sequence:

(1) Begin with the total amount of funds under the control and direction of the school's principal for the current school year (obligated and unobligated) as of January 1 of the current fiscal year, excluding:

(A) Privately raised funds;

(B) Pandemic Supplement Fund funds authorized by § 38-2905.02;

(D) Federal Investment in Schools funds as authorized by section 1003 of the Elementary and Secondary Education Act of 1965, approved January 8, 2002 (115 Stat. 1442; 20 U.S.C. § 6303);

(E) Locally funded grants and interagency funds from other District government agencies; and

(F) District at-risk concentration supplement funds authorized by § 38-2905.01(c-2).

(2) Increase the amount in paragraph (1) of this subsection by the percentage that is the higher of:

(A) The projected increase for the forthcoming year in the foundation level of the Uniform Per Student Funding Formula; or

(B) The collectively bargained salary increase, for the forthcoming year, for members of the teachers' labor union.

(3) Increase the amount derived pursuant to paragraph (2) of this subsection to fully fund an increase in the number of general education personnel at the school by the greater of the amount agreed to by the Chancellor or the amount necessary to fully fund an increase in the number of personnel required by the school's projected or actual enrollment increases (in one year, or over time), when such enrollment increases require one or more additional instructional or school-based support personnel (such as per the collective bargaining agreement with the teachers' labor union).

(4) Increase the amount derived pursuant to paragraph (3) of this subsection to fully reflect the increase of special education or ELL personnel so that the levels of such staff align with required service levels for students.

(5) Increase the amount derived pursuant to paragraph (4) of this subsection to fully fund any additional costs the school may be required to carry, such as the transfer of services to Local Schools that were previously attributed to School Support, School-Wide, or Central Administration.

(6) The amount derived pursuant to paragraph (5) of this subsection may be decreased, incrementally, if the school's projected enrollment for the next school year is projected to decline; provided, that:

(A) The decrease shall be made only on a full-time equivalent employee basis (using average salary);

(B) The decrease shall not be made unless the enrollment decline is great enough on the grade or subject level to eliminate a classroom or warrant elimination of instructional or school-based support personnel; and

(C) After the decrease, the school will still comply with the class size maximums set forth in the operative collective bargaining agreement with the teachers' labor union.

(7) The amount derived pursuant to paragraph (6) of this subsection may be decreased, incrementally, to reflect a reduced need for special education or ELL personnel; provided, that the funding for such faculty shall fully align with the required service levels for students.

(8) Adjust the amount derived pursuant to paragraph (7) of this subsection by the amount of per pupil funding derived from a proposed change, if any, to the weight for the forthcoming school year for the at-risk general education add-on described in § 38-2905.

(9) As applicable, increase the amount derived pursuant to paragraph (7) of this subsection by the amount to be allocated to the school through the at-risk concentration supplement provided pursuant to § 38-2905.01(c-2).

(10) After completing the calculations set forth in paragraphs (1) through (9) of this subsection, a school's annual budget may be increased by an amount, if any, agreed to by the Chancellor.

(b) Nothing in subsection (a) of this section shall be construed to preclude a school principal from requesting additional funding, nor preclude the Chancellor from granting additional funding for reasons not enumerated in subsection (a) of this section.

(c) For the purposes of deriving the Schools First budget described in subsection (a) of this section, personal services shall be funded based on the system-wide average salary for each personnel position, as determined by the District's Chief Financial Officer or in accordance with the collective bargaining agreement with the teachers' labor union. Any difference between the cost of a position's average salary and an employee's actual salary shall be charged and credited out of funds allocated to School-Wide.

(d)(1) The Schools First budget for each school and the amounts derived from each of the calculations required pursuant to each paragraph of subsection (a) of this section shall be public record. The Chancellor shall publish the calculations and the Schools First budget for each DCPS school on the DCPS website no later than 42 calendar days before the date the Mayor is required to submit to the Council the District's proposed annual budget and financial plan for the next fiscal year. The Chief Financial Officer shall include the Schools First budget for each DCPS school in the budget books transmitted with the Mayor's proposed budget and financial plan.

(2) Any depiction of a school budget created or calculated by methods other than those described in subsection (a) of this section, such as one that might attribute funds from School Support or School-Wide to an individual school, shall not contain the words "Schools First" in the title.