§ 38–2903. Foundation level.

(a) The foundation level or cost of providing public education services is $13,046 per student for Fiscal Year 2024 and subsequent fiscal years. The foundation level may be revised in subsequent years in accordance with provisions for inflation, revenue unavailability, and periodic review and revision of the Formula, pursuant to §§ 38-2909 [repealed], 38-2910, and 38-2911.

(b) By December 31, 2018, and annually thereafter, the Mayor shall transmit to the Council the algorithm that will be used to determine the next fiscal year's Formula foundation level, which shall include variables for the cost of teachers and other classroom-based personnel and for both school-based and non-school-based administrative personnel. The Office of the State Superintendent of Education shall publish the algorithm on its website.

(Mar. 26, 1999, D.C. Law 12-207, § 104, 45 DCR 8095; Oct. 1, 2002, D.C. Law 14-190, § 3402(b), 49 DCR 6968; June 5, 2003, D.C. Law 14-307, § 102(a), 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39, § 312(a), 50 DCR 5668; Dec. 7, 2004, D.C. Law 15-205, § 4002(a), 51 DCR 8441; Oct. 20, 2005, D.C. Law 16-33, § 4012(a), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192, § 4002(b), 53 DCR 6899; Sept. 18, 2007, D.C. Law 17-20, § 4002(b), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 4016(a), 55 DCR 7598; Sept. 24, 2010, D.C. Law 18-223, § 4022(a), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 402(a), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 4003(b), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 4002(a), 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 4002(a), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 4002(a), 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 4002(a), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4002(a), 64 DCR 7652; July 3, 2018, D.C. Law 22-124, § 201(a), 65 DCR 5091; Oct. 30, 2018, D.C. Law 22-168, § 4002(a), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 4003(b), 66 DCR 8621; Dec. 3, 2020, D.C. Law 23-149, § 4002(a), 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 4002(c), 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, § 4002(b), 69 DCR 009223; Sept. 6, 2023, D.C. Law 25-50, § 4002(b), 70 DCR 10366.)

Prior Codifications

1981 Ed., § 31-2903.

Effect of Amendments

D.C. Law 14-190 substituted “$6,555 per student for 2003” for “$5,500 per-student for FY 1999,”.

D.C. Law 14-307 substituted “$6,419” for “$6,555”.

D.C. Law 15-39 substituted “$6,551 per student for FY 2004” for “$6,419 per student for 2003”.

D.C. Law 15-205 substituted “$6,903.60 per student for FY 2005 and subsequent fiscal years” for “$6,551 per student for 2004”.

D.C. Law 16-33 substituted “7,307.47 per student for FY 2006” for “$6,903.60 per student for FY 2005”.

D.C. Law 16-192 substituted “$8,002.06 per student for FY 2007” for “$7,307.47 per student for FY 2006”.

D.C. Law 17-20 substituted “$8,322.00 per student for fiscal year 2008” for “$8,002.06 per student for FY 2007”.

D.C. Law 17-219 substituted “$8,770 per student for fiscal year 2009” for “$8,322.00 per student for fiscal year 2008”.

D.C. Law 18-223 substituted “$8,945 per student for fiscal year 2011” for “$8,770 per student for fiscal year 2009”.

D.C. Law 18-370 substituted “$8,770 per student for fiscal year 2011” for “$8,945 per student for fiscal year 2011”.

D.C. Law 19-21 substituted “$8,945 per student for fiscal year 2012” for “$8,770 per student for fiscal year 2011”.

The 2012 amendment by D.C. Law 19-168 substituted “$9,124 per student for fiscal year 2013” for “$8,945 per student for fiscal year 2012” in the first sentence.

The 2013 amendment by D.C. Law 20-61 substituted “$9,306 per student for fiscal year 2014” for “$9,124 per student for fiscal year 2013” in the first sentence.

The 2015 amendment by D.C. Law 20-155 substituted “$ 9,492 per student for Fiscal Year 2015” for “$ 9,306 per student for fiscal year 2014” in the first sentence.

Applicability

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.

Emergency Legislation

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

For temporary (90 days) amendment of this section, see § 4003(b) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 4003(b) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 4002(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 4002(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 4002(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) limitation to the Fiscal Year 2018 increase to the Uniform Per Student Funding Formula foundation level over the Fiscal Year 2017 foundation level to be used in Fiscal Year 2018 to satisfy compensation terms required by a collective bargaining agreement that becomes effective in Fiscal Year 2018, see § 201(b) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 201(a)(1) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 4002(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

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

For temporary (90 day) amendment of section, see § 102(a) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 102(a) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 3302(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 102(a) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see § 312(a) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 312(a) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) amendment of section, see § 4002(a) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 4002(a) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 4012(a) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 4022(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 402(a) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 4003(b) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 4002(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4002(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 4002(a) 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) amendment of this section, see § 4002(a) 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 § 4002(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) amendment of this section, see § 4002(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) amendment of this section, see § 4002(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).

Temporary Legislation

For limitation on use of funds to satisfy compensation terms required by a collective bargaining agreement,see section 4003 of D.C. Law 22-33.

For temporary (225 days) amendment of this section, see § 201(a) of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).

See Historical and Statutory Notes following § 38-2901.

Short Title

Short title of subtitle B of title III of Law 15-39: Section 311 of D.C. Law 15-39 provided that subtitle B of title III of the act may be cited as the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2003.

Short title of subtitle A of title IV of Law 15-205: Section 4001 of D.C. 15-205 provided that subtitle A of title IV of the act may be cited as the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2004.

Short title of subtitle B of title IV of Law 16-33: Section 4011 of D.C. Law 16-33 provided that subtitle B of title IV of the act may be cited as the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2005.

Short title: Section 4015 of D.C. Law 17-219 provided that subtitle H of title IV of the act may be cited as the “Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2008”.

Short title: Section 4021 of D.C. Law 18-223 provided that subtitle C of title IV of the act may be cited as the “Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2010”.

Short title: Section 401 of D.C. Law 18-370 provided that subtitle A of title IV of the act may be cited as “Funding for Public Schools and Public Charter Schools Amendment Act of 2010”.

Section 4001 of D.C. Law 20-61 provided that Subtitle A of Title IV of the act may be cited as the “Funding for Public Amendment Act of 2013”.

Editor's Notes

For limit to use of increase to Uniform Per Student Formula foundation level, see section 203(a) of D.C. Law 22-124.

For the intent to increase funding for instructional staffing and support and prohibition on use of funding, see section 4003 of D.C. Law 22-33.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.