§ 38–2902. Applicability of Formula.

(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(1) Repealed.

(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.

(b-1) Starting in Fiscal Year 2029, the cost of IMPACTplus bonus payments shall be paid from operating budget appropriations from the General Fund for DCPS and included in the Formula.

(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).

(Mar. 26, 1999, D.C. Law 12-207, § 103, 45 DCR 8095; Nov. 13, 2021, D.C. Law 24-45, § 4002(b), 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, § 4002(a), 69 DCR 009223; Sept. 6, 2023, D.C. Law 25-50, § 4002(a), 70 DCR 10366; Sept. 18, 2024, D.C. Law 25-217, § 4002(b), 71 DCR 9990.)

Prior Codifications

1981 Ed., § 31-2902.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4002(b) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 4002(a) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) amendment of this section, see § 4002(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary addition of chapter, see note to § 38-2901.

For temporary (90 day) amendment of section, see § 2(b) of the Uniform Per Student Funding Formula Emergency Amendment Act of 2000 (D.C. Act 13-485, December 18, 2000, 48 DCR 20).

For temporary (90 day) amendment of section, see § 2(b) of Uniform Per Student Funding Formula For Public Schools and Public Charter Schools Emergency Amendment Act of 2001 (D.C. Act 14-18, March 16, 2001, 48 DCR 2691).

Temporary Legislation

Section 2(b) of D.C. Law 13-262, rewrote this section to read as follows:

“(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 38-302 through 38-306. For purposes of adult education only, as defined in section 102(1), the Formula shall apply to the University of the District of Columbia (‘UDC’).

“(b) The Formula shall apply only to operating budget appropriations from the District of Columbia General Fund for DCPS, for public charter schools, and for the adult education program of UDC Public Charter Schools. It shall not apply to funds from federal or other revenue sources, or to funds appropriated to other agencies and funds of the District government.”

“(c) Repealed.”

Section 4(b) of D.C. Law 13-262 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 14-6, in subsec. (a), added the following to the end: “For purposes of adult education only, as defined in section 102(1), the Formula shall apply to the University of the District of Columbia (‘UDC’).”; in subsec. (b), substituted “, for public charter schools, and for the adult education program of UDC” for “and for”; and repealed subsec. (c).

Section 4(b) of D.C. Law 14-6 provided that the act shall expire after 225 days of its having taken effect.

See Historical and Statutory Notes following § 38-2901.

Editor's Notes

Section 4004 of D.C. Law 23-16 provided the following: "It is the intent of the Council that in the 2019-2020 school year, the Uniform Per Student Funding Formula funds that would have been allocated to Monument Academy Public Charter School should follow students who were enrolled in Monument Academy Public Charter School for the 2019-2020 school year to the District of Columbia public schools or public charter schools in which they ultimately enroll."