(a) The Formula shall apply to operating budget appropriations for District of Columbia resident students in DCPS and Public Charter Schools of the District of Columbia. The student count to which the Formula is applied shall not include students enrolled in private institutions providing special education services paid by the District of Columbia or to nonresident students subject to the requirement of paying tuition pursuant to Chapter 3 of this title.
(b) The Formula shall apply only to operating budget appropriations from the District of Columbia General Fund for DCPS and Public Charter Schools; except, that the Formula shall not apply to:
(1) For Fiscal Year 2022 and 2023, funding allocated to a DCPS school to meet the requirement of § 38-2907.01 [Repealed by emergency act] that the school be provided with not less than 95% of its prior year allocation of Formula funds;
(2) Funds from federal or other revenue sources;
(3) Funds appropriated to other agencies and funds of the District government;
(4) Any program operated by DCPS that provides special education outreach, referral, and evaluation services for children under 5 years 11 months of age ("eligible children"), if the program serves eligible children who have not yet entered the school system or are homeschooled; or
(5) IMPACTplus bonus payments.
(c) The Formula shall apply only to Public Charter Schools until the DCPS student enrollment count is verified by an independent contractor who shall perform a census on the student enrollment of the DCPS. The count shall include the information provided in § 38-1804.02(b).