Chapter 26. Office of the State Superintendent of Education.
§ 38–2601. Establishment of the Office of the State Superintendent of Education.
(a) There is established, under the Office of the Mayor, an Office of the State Superintendent of Education.
(b) The OSSE shall be headed by a State Superintendent of Education, who shall be appointed by the Mayor with the advice and consent of the Council in accordance with § 1-523.01(a). The Officer shall serve a 4-year term.
(c) The State Superintendent shall serve as the chief state school officer for the District of Columbia and shall represent the OSSE and the District of Columbia in all matters before the United States Department of Education and with other states and educational organizations.
(d) All operational authority for state-level functions, except that delegated to the State Board of Education in § 38-2652, shall vest in the Office of the State Superintendent of Education under the supervision of the State Superintendent of Education.
§ 38–2601.01. Duties.
The Office of the State Superintendent of Education shall serve as the state education agency and perform the functions of a state education agency for the District of Columbia under applicable federal law, including grant-making, oversight, and state educational agency functions for standards, assessments, and federal accountability requirements for elementary and secondary education.
§ 38–2601.02. Definitions.
For the purposes of this chapter, the term:
(1) "Child with a disability" shall have the same meaning as provided in section 602(3) of the Individuals with Disabilities Education Act, approved April 13, 1970, (84 Stat. 175; 20 U.S.C. § 1401(3)).
(1A) "CTE grant program" is the supplemental career and technical education grant program established by § 38-2611 that provides grants to DCPS and public charter schools to support and enhance their career and technical education programs.
(1B) "DCPS" means the District of Columbia Public Schools established by § 38-171.
(1C) "Districtwide assessments" has the same meaning as provided in § 38-1800.02(13).
(2) “Field test” means a test used during the test-development process to assess the quality and appropriateness of test items, administration procedures, scoring, and reporting.
(2A) "Formula" shall have the meaning as provided in § 38-2901(8).
(2B) "Fund" means the CTE Grant Program Fund established by § 38-2612.
(2C) “IDEA “ means the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq. ), and its implementing regulations.
(2D) "Individualized education program" or "IEP" means a written plan that specifies the special education programs and services to be provided to meet the unique educational needs of a child with a disability, as required under section 614(d) of IDEA (20 U.S.C. § 1414(d)).
(2E) "LGBTQ" shall have the same meaning as provided in § 2-1381.
(3) "Local education agency" or "LEA" means an educational institution at the local level that exists primarily to operate a publicly funded school or schools in the District of Columbia, including the District of Columbia Public Schools and a District of Columbia public charter school.
(4) "OSSE" means the Office of the State Superintendent of Education established by § 38-2601.
(5) "Practice test" means any test or other evaluation that has as its primary purpose the simulation of a Districtwide assessment or other test or evaluation as administered by an LEA rather than for assessing student proficiency levels or informing instruction and remediation needs.
(5A) "Public charter school" shall have the same meaning as provided in § 38-1800.02.
(6) "State Superintendent" means the head of OSSE appointed by the Mayor pursuant to § 38-2601.
(7) "Youth Risk Behavior Surveillance System" means the national school-based survey coordinated by the U.S. Centers for Disease Control and Prevention to monitor health-risk behaviors that contribute to the leading causes of death and disability among youth and young adults, or a similar successor survey.
§ 38–2602. Responsibilities.
(a) Within one year of the Officer’s appointment, but not later than October 2001, and except as provided in § 38-2604, the OSSE shall assume the responsibilities listed in subsection (b) of this section. The transfer and assumption of responsibilities shall take place in accordance with the short-term plan to be submitted by the Officer to the Mayor for approval by February 15, 2001, or 5 weeks from the establishment of the OSSE, whichever is later.
(b) The OSSE shall:
(1) Have authority for all state functions for federally sponsored child nutrition programs in the District, including those sponsored by the United States Department of Agriculture;
(2) Verify annual fall enrollment counts for all public and public charter schools pursuant to § 38-1804.02 and § 38-159;
(3) Formulate and promulgate rules for the documentation and verification of District residency for public and public charter school students, pursuant to §§ 38-302 and 38-303;
(3A) Beginning in May 2024, and annually thereafter, electronically publish for each public school and public charter school the previous school year's expenditures, based on the common financial reporting standards established by the Department of Education pursuant to § 38-191(b)(10), in a manner that permits the public to easily compare expenditures between individual schools and between local education agencies.
(4) Make recommendations for periodic revisions to the Uniform Per Student Funding Formula pursuant to § 38-2911;
(4A) Administer the common lottery system for admission to public schools in the District of Columbia;
(5) Conduct a study to be submitted to the Mayor and Council recommending additional functions to be assumed by the OSSE and a proposed transition plan meeting the specifications of § 38-2605;
(6) Oversee the functions and activities of the Higher Education Licensure Commission, established by § 38-1303, including acting as the state portal agency for the purposes of state authorization reciprocity;
(6A) Establish and administer licensure requirements for pre-kindergarten programs, pursuant to § 38-271.02(a)(3);
(7) Issue rules to establish requirements to govern acceptable credit to be granted for studies completed at independent, private, public, public charter schools, and private instruction;
(8) Prescribe minimum amounts of instructional time for all schools, including public, public charter, and private schools;
(8A) Prescribe standards for extended learning time beyond the regular school day for public schools, including public charter schools;
(9) Oversee the state-level functions and activities related to early childhood education programs, including the public education of the Early Intervention Services Program, in accordance with § 7-863.02;
(9A) Administer pre-kindergarten education, in accordance with § 38-271.02;
(9B) Conduct a residency audit, annually, to establish the number of in-District and out-of-District children enrolled in pre-kindergarten pursuant to Chapter 2A of this title [§ 38-271.01 et seq.];
(10) Provide for the education of children in the custody of the Department of Youth Rehabilitation Services;
(11) Formulate and promulgate rules necessary to carry out its functions, including rules governing the process for review and approval of state-level policies by the State Board of Education under § 38-2652, pursuant to Chapter 5 of Title 2 [§ 2-501 et seq.];
(12) Develop and adopt policies that come within the functions of state educational agencies under federal law, subject to the approval of the State Board of Education for those policies that are subject to board approval under § 38-2652;
(13) Conduct studies and pilot projects to develop, review, or test state policy;
(14) Repealed;
(15) Fulfill any other responsibilities consistent with the performance of the state-level education functions of the District of Columbia;
(16) Promulgate rules for the administration and implementation of the uniform per student funding formula, pursuant to Chapter 29 of this title;
(17) Have the authority to collect and dedicate fees for state academic credential certifications and general educational development testing as well as for any other state-level education function, as established by the Superintendent by regulation;
(18) Have the authority to issue grants, from funds under its administration (including the non-public tuition paper agency), to local education agencies (“LEAs”) for programs that increase the capacity of the LEA to provide special education services;
(19) By August 1, 2013, create a truancy prevention resource guide for parents and legal guardians who have children who attend a District public school, which shall be updated and made available upon request and, at minimum, include:
(A) An explanation of the District’s laws and regulations related to absenteeism and truancy;
(B) Information on:
(i) What a parent or legal guardian can do to prevent truancy;
(ii) The common causes of truancy; and
(iii) Common consequences of truancy;
(C) A comprehensive list of resources that are available to a parent or legal guardian, and the student, that address the common causes of truancy and the prevention of it, such as:
(i) Hotlines that provide assistance to parents, legal guardians, and youth;
(ii) Counseling for the parent (or legal guardian) or the youth, or both;
(iii) Parenting classes;
(iv) Parent-support groups;
(v) Family psycho-education programs;
(vi) Parent-resource libraries;
(vii) Risk prevention education;
(viii) Neighborhood family support organizations and collaboratives that provide assistance to families experiencing hardship;
(ix) Behavioral health resources and programs in schools;
(x) The Behavioral Health Ombudsman Program; and
(xi) The resources at each public school for at-risk students and their parents or legal guardians;
(20)(A) Oversee the functions and activities, as required, of Chapter 7C of this title [§ 38-771.01 et seq.], including ensuring the integrity and security of Districtwide assessments administered by a local education agency;
(B) At least 45 days before the start of the first Districtwide assessment of the school year, issue standards to obtain and securely maintain and distribute secure test materials, which shall at a minimum require that:
(i) An inventory of all secure test materials be maintained;
(ii) All secure test materials be secured under lock and key, or other equivalent security measures for electronic secure test materials with limited access;
(iii) Only authorized personnel have access to secure test materials; and
(iv) All authorized personnel are notified of their test integrity and security obligations before being permitted to access secure test materials or assist in the administration of a Districtwide assessment;
(C) Require each LEA to maintain and submit to OSSE at least 15 days before the administration of the first Districtwide assessment of the school year, a separate test security plan for each school and campus under the LEA’s control that at minimum includes:
(i) Procedures for the secure maintenance, dissemination, collection, and storage of Districtwide assessment materials before, during, and after administering a test, including:
(I) Keeping an inventory of all materials and identifying individuals with access to the materials;
(II) Accounting for and reporting to the OSSE any materials that are lost or otherwise unaccounted; and
(III) Accounting for and securing old or damaged materials;
(ii) The name and contact information for the test integrity coordinator and the test monitors at each school under the LEA’s control;
(iii) A list of actions prohibited by authorized personnel;
(iv) Procedures pursuant to which students, authorized personnel, and other individuals may, and are encouraged to, report irregularities in testing administration or testing security; and
(v) Written procedures for investigating and remediating any complaint, allegation, or concern about a potential failure of testing integrity and security;
(D) Approve a school’s test security plan at least 5 days before testing and make recommendations to amend the plan when necessary;
(E) Keep a copy of each school’s test security plan on file, which shall be made available to a member of the public upon request;
(F) Establish a standard for monitoring the administration of Districtwide assessments to ensure compliance with all applicable laws, regulations, and policies;
(G) Monitor Districtwide assessment administration procedures in randomly selected schools and in targeted schools to ensure adherence to all applicable laws, regulations, and policies, which may occur one week before the administration of a Districtwide assessment and during the administration of a Districtwide assessment;
(H) Establish a process by which to ensure compliance with all applicable laws and regulations for the administration of Districtwide assessments for LEA students at nonpublic schools;
(I) Develop and distribute a testing integrity and security notification statement;
(J) At least 45 days before the first assessment of the school year, issue standards to train authorized personnel on testing integrity and security and require that attendance be taken at such training;
(K) Provide technical assistance to LEAs regarding testing integrity and security procedures;
(K-i) Collaborate with LEAs to ensure accurate reporting of any testing violation while preserving the privacy of involved students and staff;
(L) Establish standards for the investigation of any alleged violation of an applicable law, regulation, or policy relating to testing integrity and security, which standards shall:
(i) Identify the circumstances that trigger an investigation;
(ii) Require the initiation of an investigation even if only one circumstance is present; provided, that there appears to be egregious noncompliance; and
(iii) Require the investigation of any report of a violation of the laws, regulations, and policies relating to testing integrity and security;
(M) Cooperate with any investigation initiated by the Office of the Attorney General for the District of Columbia or the U.S. Attorney’s Office; and
(N) Revoke, for a period of at least one year, any OSSE granted certification or license granted to an individual who is found to have knowingly and willfully violated, assisted in the violation of, solicited another to violate or assist in the violation of, or failed to report a violation of this paragraph, regulations issued pursuant to this paragraph, other applicable law, or other test integrity policy or procedure.
(O) For the purposes of this paragraph, the term:
(i) “Authorized personnel” means any individual who has access to Districtwide assessment materials or is directly involved in the administration of a Districtwide assessment.
(ii) “Districtwide assessments” shall have the same meaning as provided in § 38-1800.02(13); provided, that for the purposes of this paragraph, the term “Districtwide assessment” means assessments used only for accountability purposes.
(iii) “Local education agency” or “LEA” means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.
(iii-I) “Secure test materials” means test materials that might contain or provide access to assessment content, such as information about test questions or answers, including test questions, passages, or performance tasks, answer documents, and used scratch paper.
(iv) “Test integrity coordinator” means an individual designated by a LEA to be responsible for testing integrity and security for the LEA in its entirety during the administration of a Districtwide assessment.
(v) “Testing integrity and security notification statement” means a notification developed by OSSE that:
(I) Sets forth requirements for ensuring integrity of Districtwide assessments pursuant to District law and regulation; and
(II) Notifies the recipient that knowingly and willingly violating a District law, regulation, or a test security plan could result in civil liability, including the loss of an OSSE granted certification or license.
(vi) “Test monitor” means an individual designated by a LEA to be responsible for testing integrity and security at each individual school subject to the LEA’s control during the administration of a Districtwide assessment;
(21) Implement and administer the CTE grant program established by § 38-2611 and administer the CTE Grant Program Fund established by § 38-2612;
(22) Administer the Healthy Schools Fund and fulfill its other responsibilities under Chapter 8A of this title [§ 38-821.01 et seq.];
(23) Administer Healthy Tots funding and fulfill its other responsibilities under Chapter 2B of this title [§ 38-281 et seq.];
(24) Provide supplemental funding for early literacy programs targeting 3rd grade reading success through a competitive, multiyear grant program, subject to available funding, for eligible grantees who are early literacy providers that, at a minimum:
(A) Provide a full continuum of school-based, early literacy intervention services for all grades pre-K through 3rd consisting of developmentally appropriate components for each grade;
(B) Deliver the literacy program by professionally coached interventionists;
(C) Provide direct services each day that school is in session;
(D) Collect data on student progress monthly;
(E) Use an intervention model that is comprehensive and has been proven to be effective in one or more empirical studies; and
(F) Are not local education agencies;
(25) Procure, distribute, and maintain the undesignated epinephrine auto-injector supply and fulfill its other responsibilities as required by subchapter IV of Chapter 6 of this title.[;]
(26)(A) Develop and publish online written guidance to assist LEAs in developing and adopting policies and procedures for handling aspects of student mental and behavioral health. The written guidance shall include model policies for identifying, appropriately supporting, and referring to behavioral health service providers students with mental and behavioral health concerns, and model policies for suicide prevention, suicide intervention, and suicide postvention, especially for at-risk youth sub-groups.
(B) OSSE shall examine its guidance on mental and behavioral health in schools at least every 5 years and update its guidance as needed. Within 30 days of updating its guidance, OSSE shall notify LEAs of the update.
(C) For the purposes of this paragraph, the term:
(i) "At-risk youth sub-groups" means:
(I) Youth living with mental illness or substance-use disorders;
(II) Youth who engage in self-harm or have attempted suicide;
(III) Youth in out-of-home settings;
(IV) Youth experiencing homelessness;
(V) Youth who identify as lesbian, gay, bisexual, transgender, or questioning;
(VI) Youth bereaved by suicide; and
(VII) Other populations identified as at-risk of suicide in the most recent DC Youth Risk Behavior Survey results.
(ii) "Suicide intervention" means specific actions schools can take in response to student suicidal behavior, including:
(I) Student supervision;
(II) Notification of parents or guardians;
(III) Crisis-response protocols;
(IV) When and how to request an immediate mental health assessment or emergency services; and
(V) School re-entry procedures following a student mental health crisis.
(iii) "Suicide postvention" means planned support and interventions schools can implement after a suicide attempt or suicide death of a member of the school community that are designed to:
(I) Reduce the risk of suicide contagion;
(II) Provide support for affected students and school-based personnel;
(III) Address the social stigma associated with suicide; and
(IV) Disseminate factual information about suicide.
(iv) "Suicide prevention" means specific actions schools can take to recognize and reduce suicidal behavior, including:
(I) Identifying risk and protective factors for suicide and suicide warning signs;
(II) Establishing a process by which students are referred to a behavioral health provider for help;
(III) Making available school-based and community-based mental health supports;
(IV) Providing the location of available online and community suicide prevention resources, including local crisis centers and hotlines; and
(V) Adopting policies and protocols regarding suicide prevention, intervention, and postvention, school safety, and crisis response;
(27)(A) Develop and publish a publicly accessible online catalogue of all professional development or training programs offered by OSSE. For each professional development or training program, the catalogue shall include the following:
(i) Date, time, and location of program sessions;
(ii) A program description;
(iii) The number of seats available per session of the program;
(iv) Prerequisites for a particular session or program; and
(v) Instructions for registration.
(B) By June 30 of each year, beginning in 2017, OSSE shall publicly release its catalogue of professional development and training programs offered for the upcoming school year, and it shall periodically update the catalogue as additional programs are added;
(28)(A) Beginning in school year 2016-2017 and continuing through school year 2019-2020, implement a pilot program at select District of Columbia public schools and public charter schools for collecting school climate data through school climate surveys.
(B) Pursuant to the pilot program, participating District of Columbia public schools and public charter schools, in conjunction with OSSE, shall annually issue a school climate survey to enrolled students in grades 7-10, school-based personnel, and the parents or legal guardians of enrolled students in grades 7-10.
(C) Based on the survey data obtained pursuant to the pilot program described in subparagraph (A) of this paragraph, OSSE shall annually analyze school climate in the District and report its findings to the Mayor and the Council no later than October 1 following the school year in which the climate data was collected. Each annual report shall include an analysis of school climate data in light of participating schools’ student demographics, to be measured, at a minimum, by students’:
(i) Race or ethnicity;
(ii) Gender;
(iii) Status as an English language learner;
(iv) Status as a student with an individualized education program;
(v) Status as an at-risk student, as defined by § 38-2901(2A); and
(vi) Sexual orientation.
(D) By December 1, 2019, OSSE shall submit to the Council a plan to expand school climate surveys to all District of Columbia public schools and public charter schools serving any grade 6-12, beginning in school year 2020-2021.
(E) For the purposes of this paragraph, the term "school climate survey" means a comprehensive Internet-based survey platform designed to be implemented by local education agencies to collect data from students, parents, and school staff on 3 key domains of school climate:
(i) Engagement, including cultural and linguistic competence, relationships, and participation;
(ii) Safety, including emotional safety, physical safety, bullying and cyberbullying, substance use, and emergency readiness and management; and
(iii) Environment, including physical environment, instructional environment, physical health, mental health, and discipline;
(29) Have the authority to issue grants, from funds under its administration, to District of Columbia public schools or public charter schools, local education agencies, institutions of higher education, nonprofit organizations, and other education service providers to increase access to postsecondary and career education opportunities, including:
(A) Programs implementing career and technical education;
(B) SAT or ACT preparation programs;
[(C)] Dual enrollment programs; and
(D) Programs focused on a successful transition to college and careers;
(29A) Have the authority to increase access, promote retention, and improve District resident completion of postsecondary education in the District by:
(A) Awarding scholarships and financial assistance for tuition, fees, room and board, books, supplies, and other costs of postsecondary education, including:
(i) Dual enrollment programs;
(ii) Costs associated with gaining admission or increasing the chances of gaining admission to an institution of higher education in the District, including test preparation programs, standardized test fees, and application fees;
(iii) Programs designed to support students navigating the college process through completion; and
(iv) Funding if the cost of education prevents a student or prospective student from starting, continuing, or completing their postsecondary education; and
(B) Paying for the financial assistance described in subparagraph (A) of this paragraph through the issuance of direct vouchers or payments to institutions of higher education in the District;
(30) Provide schools the supports set forth in § 38-236.06;
(30A)(A) In consultation with the District of Columbia Department of Motor Vehicles, create and implement a Selective Service awareness campaign ("campaign").
(B) The campaign shall include the following information:
(i) Who is required, under federal law, to register for Selective Service and the penalties for failing for register;
(ii) When an individual required to register for Selective Service must do so;
(iii) Clear step-by-step guidance on how to register; and
(iv) An explanation of the programs and opportunities for which an individual will not be eligible if the individual does not register for the Selective Service.
(C) As part of the campaign established in subparagraph (A) of this paragraph, ensure that all individuals currently enrolled in a District of Columbia public or public charter school who are required to register for Selective Service in compliance with the requirements of section 3 of the Military Selective Service Act, approved June 24, 1948 (62 Stat. 605; 50 U.S.C. App. § 453), are notified of the registration requirement within 30 days of the individual's 18th birthday.
(D) By March 30th of each year, using information requested and obtained from the Selective Service, compile and transmit to the Council a report detailing:
(i) The total number of District residents who registered in the previous calendar year;
(ii) The barriers to Selective Service registration;
(iii) The District's efforts to increase Selective Service registration during the preceding calendar year, and
(iv) How the District plans to increase registration in the current year;
(31)(A) Administer the Youth Risk Behavior Surveillance System ("YRBSS"), which shall include questions related to the sexual orientation, gender identity, and gender expression of respondents, to students in District public and public charter schools covered by the YRBSS each year in which the YRBSS is conducted.
(i) The OSSE shall give preference to modules or questions approved by the U.S. Centers for Disease Control and Prevention related to the sexual orientation, gender identity, or gender expression of respondents.
(ii) The OSSE may develop its own questions related to the sexual orientation, gender identity, or gender expression of respondents to add to the YRBSS.
(B) Publish a detailed report on the results of each YRBSS on its website, which shall differentiate the prevalence of health-related risk behaviors, chronic health conditions, and use of preventive services among the LGBTQ youth population and the general youth population.
(C) Provide schools and LEAs with their respective school-level and LEA-level aggregate data to a subset of high-priority questions from the YRBSS, as determined by OSSE in consideration of relevant stakeholder feedback; and
(32) Have the authority to issue grants, from funds under its administration, to non-profit and community-based organizations to increase access to, the affordability of, and the quality of child care in the District.
(c)(1) There is established as a special fund the Academic Certification and Testing Fund (“Fund”). All fees collected by the Office of the State Superintendent of Education for state academic credential certifications, general educational development testing, or any other state-level education function established pursuant to subsection (b)(17) of this section shall be deposited into the Fund.
(2) All funds deposited into the Fund, and any interest earned on those funds, shall be used for the purposes set forth in paragraph (3) of this subsection. Any unexpended funds in the Academic Certification and Testing Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.
(3) The Fund shall be administered by the State Superintendent of Education and shall be used to support the administration of state academic credential certifications, General Educational Development, and other state-level programs.
(d)(1) Not funded.
(2) Not funded.
(3) No later than September 30, 2024, OSSE shall submit a report to the Mayor and the Council, developed in consultation with the State Board of Education, DCPS, the District of Columbia Public Charter School Board ("PCSB"), and other stakeholders, which shall:
(A) Compare and assess school improvement best practices from other jurisdictions;
(B) Identify and explain the metrics that will be used to determine the schools whose academic performance is, at minimum, in the lowest 5% of all public schools in the District;
(C) Propose evidence-based strategies for continuous school improvement models for the lowest performing 5% of District public schools, including:
(i) The processes and frameworks for implementing the models;
(ii) How each strategy or model will address professional development for educators, direct coaching, and leadership focused on addressing instructional practice; and
(iii) How utilization of the models and Office funding will align with PCSB and DCPS accountability metrics and frameworks;
(D) Provide recommendations for how the Office will work collaboratively with qualifying schools and school stakeholders to select and implement evidence-based strategies to significantly increase proficiency and growth in reading and math through proven methods and improve other school designation metrics;
(E) Provide recommendations on how the Office may strengthen a designated school's finances, financial management, policies, and culture;
(F) Describe how a participating school's improvement will be evaluated, including the criteria for exiting the Program;
(G) Explain how the Program will adjust to address a school that has not demonstrated sufficient improvement to exit the program after 5 years;
(H) Explain the funding and resources needed to successfully establish and operate the Office and implement the Program for participating schools;
(I) Set forth what additional authority OSSE will need, if any, to implement the report's recommendations and establish the Office and Program; and
(J) Discuss any additional items relevant to the needs of the Office or Program.
(4) Not funded.
(5) Not funded.
§ 38–2602.01. Transfer of state-level functions from the Board of Education.
(a) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the District of Columbia Board of Education that support state-level functions related to state education agency responsibilities and all powers, duties, and functions delegated to the District of Columbia Board of Education concerning the establishment, development, and institution of state-level functions related to state education agency responsibilities identified in § 38-2602 are transferred to the Office of the State Superintendent of Education.
(b) The transfer described in subsection (a) of this section shall be in accordance with § 38-2606.
§ 38–2603. Requirements for short-term SEO plan.
The short-term SEO plan shall:
(1) Be formulated in consultation with the Board of Education, the Superintendent of Schools, the Public Charter School Board, District agencies with responsibilities for functions specified in § 38-2602, the District of Columbia Financial Responsibility and Management Assistance Authority (“DCFRMAA”) and any relevant federal agencies;
(2) Be adopted by the Officer only after at least one public hearing on the proposed short-term plan;
(3) Identify the authority and responsibility of each party at each stage in the transition process;
(4) Specify dates and benchmarks for transfer of authority, responsibility, budget, and employees;
(5) Specify the estimated cost to the SEO of carrying out each function specified in § 38-2602, and the recommended source of revenues; and
(6) Identify any factors with potential for disrupting services to students and recommend steps to prevent any possible disruption.
§ 38–2604. Short-term SEO plan.
(a) Subject to the SEO’s determination that adequate funds and staffing are available to ensure a successful transfer, and that the assumption of authority conforms with all pertinent requirements of federal law, the short-term plan shall include the following timelines:
(1) With regard to federally sponsored summer feeding programs, the plan shall provide for SEO assumption of functions sufficiently in advance to make the SEO fully responsible for the summer 2001 program.
(2) With regard to fall enrollment verification, the plan shall provide for SEO assumption of full authority no later than July 1, 2001, or on such date as the DCFRMAA shall relinquish to the SEO its authority pursuant to § 38-1804.02.
(3) With regard to documentation and verification of student residency in the District, the plan shall provide for SEO assumption of full authority no later than April 1, 2001.
(4) With regard to recommendations for revisions in the Uniform Per Student Funding Formula, the plan shall provide for submission by the SEO to the Mayor and Council no later than September 30, 2001.
(b) If at the time of proposed transfer under the short-term plan the SEO is for any reason unable to assume full responsibility for all functions to be transferred, such functions shall continue to be performed by the agency or body currently carrying them out.
§ 38–2605. Study, recommendations, and transition plan on the additional responsibilities for the SEO.
(a)(1) Not later than July 1, 2001, the SEO shall submit recommendations to the Mayor and the Council, based on a study of the additional responsibilities that should be assumed by the SEO, and a transitional plan for each responsibility.
(2) The study, recommendations, and transition plan shall be developed, in consultation with the Board of Education, the Superintendent of Public Schools, the Public Charter School Board, and any other District agencies which currently has the responsibly for functions listed in subsection (b) of this section.
(b) In formulating recommendations, the Officer shall consider the advantages of giving the SEO responsibility for the:
(1) State-level responsibilities associated with the acquisition and administration of federal grants on behalf of funding or services for all eligible District schools including public, public charter and private schools, and District of Columbia public institutions for post secondary education, including preparation of state plans, applications for competitive grants, setting of state-wide standards and assessment, allocation of federal funds among eligible schools, monitoring of compliance with federal requirements, and submission of reports;
(2) Issuance of rules to establish requirements to govern acceptable credit to be granted for studies completed at independent, private, public and public charter schools and private instruction, pursuant to § 38-202;
(3) Issuance of rules regarding enforcement of school attendance requirements for all schools, including public, public charter and private schools, pursuant to § 38-203;
(4) Conduct of the census of all minors 3 years of age or older who are residents of the District, pursuant to § 38-204;
(5) Establishment of criteria for individuals to obtain high school equivalency credentials, administration of appropriate exams and issuance of such credentials;
(6) Issuance of work permits for minors who reside in the District, pursuant to § 32-208;
(7) Establishment of annual standardized reporting requirements for statistical information from public and public charter schools;
(8) Fact-finding, research and investigative activities on behalf of the Mayor, Council and other public officials;
(9) Establishment of teacher certification requirements for all eligible District schools including public, public charter, private schools, and District of Columbia public institutions for post secondary education; and
(10) Establishment of licensing procedures and standards for instructional staff for all eligible District schools including public, public charter, private schools, and District of Columbia public institutions for post secondary education.
(c) The study shall consider whether the SEO’s assumption of each responsibility would:
(1) Improve the quality of educational and other services to children and adults;
(2) Eliminate or create duplication of functions by various District agencies;
(3) Reduce or enlarge multiple reporting requirements upon school authorities, including the Board of Education, Superintendent of Schools, Public School Charter Board, and individual schools;
(4) Eliminate conflicts of interest; and
(5) Entail additional costs for the District.
(d) The transition plan shall:
(1) Identify the authority and responsibility of each party at each stage in the transition process;
(2) Specify dates and benchmarks for transfer of authority, responsibility, budget, and employees;
(3) Specify the estimated cost to the SEO of carrying out each function studied, and the recommended source of revenues; and
(4) Identify any factors with potential for disrupting services to students and recommend steps to prevent such disruption.
§ 38–2605.01. Transition plan for transfer of state-level functions.
(a) Within 90 days of June 12, 2007, the Office of the State Superintendent of Education shall submit to the Mayor for approval a detailed transition plan, in accordance with § 38-2606, for implementation of the transfers set forth in §§ 7-863.03a, 38-2601(d), 38-2602.01, and 38-2608, which shall begin within 30 days of approval; provided, that prior to completion and submission of the plan, the Mayor shall give notice of the contemplated action and an opportunity for a hearing for public comment on the plan, which shall:
(1) Be formulated in consultation with the Board of Education, the District of Columbia Public Schools, the Public Charter School Board, the Washington Teachers Union, and with any relevant District and federal agencies;
(2) Identify the authority and responsibility of each entity at each stage in the transition process;
(3) Specify time lines, dates, and benchmarks for completion of the transfer;
(4) Provide an estimate of the cost to the OSSE of carrying out each transferred function; and
(5) Identify any factors with potential for disrupting services to students and recommend steps to prevent any possible disruption.
(b) The Mayor shall forward the approved transition plan to the Council and the State Board of Education for review.
§ 38–2606. Existing state agency responsibilities.
All District agencies, including the District of Columbia Public School system, currently performing state-level functions related to public education shall continue to perform such functions until such date as those functions are transferred away from them pursuant to approved transition plans. The Mayor and Council shall provide such funds as are necessary to enable such agencies to continue to perform such functions.
§ 38–2607. Higher Education Licensure Commission Site Evaluation Fund.
(a) There is established a lapsing fund to be designated as the Higher Education Licensure Commission Site Evaluation Fund (“Fund”), which shall be a segregated account within the General Fund of the District of Columbia, administered by the Office of the State Superintendent of Education, and used for the purposes set forth in subsection (b) of this section.
(b) The Fund shall be used only to cover costs associated with the Higher Education Licensure Commission (“Commission”)’s review of institutions for licensing purposes under § 38-1306.
(c) All revenues collected by the Commission for evaluations and observations done pursuant to § 38-1306 shall be deposited into the Fund. All funds deposited into the Fund shall be used for the purposes set forth in subsection (b) of this section. Any unexpended funds in the Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.
§ 38–2608. Supervision of adult education program.
(a) The OSSE shall be the state agency responsible for supervision of adult education and adult literacy.
(b) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the University of the District of Columbia that support state-level functions related to adult education or adult literacy and all of the powers, duties, and functions delegated to the University of the District of Columbia concerning the establishment, development, and institution of state-level functions related to adult education or adult literacy are transferred to the OSSE.
(c) The transfer described in subsection (b) of this section shall be in accordance with section 7.
(d) The Office of the State Superintendent of Education shall apply for federal funds as provided in the Adult Education Act, approved April 28, 1988 (102 Stat. 302; 20 U.S.C. § 1201 et seq.).
(e)(1) Notwithstanding any other provision of law, the OSSE is authorized to establish fee rates for all adult education courses. The amount to be charged to each adult shall be fixed annually by the OSSE, which shall be the amount necessary to cover the expense of instruction, cost of textbooks and school supplies, and other operating costs associated with each course offered; provided, that the amount fixed is in accordance with § 2-505. Following the adoption of the fee rates, the OSSE shall transmit a copy of the fee schedule to the Mayor and the Council.
(2) All amounts received by the OSSE pursuant to this subsection shall be paid to the District of Columbia Treasurer and deposited in the General Fund of the District of Columbia in a segregated account to be available as a revenue source for the OSSE to fund select adult education courses for which fees will be charged.
(3) Waivers, in whole or in part, of fees for select adult education courses may be granted by the OSSE.
(f) OSSE shall provide funding for all costs associated with the 24-hour vocational education programs at Phelps Architecture, Construction and Engineering High School (“Phelps”), Academy for Construction and Design at Cardozo Senior High School (“Cardozo”), and the Hospitality Public Charter School at Roosevelt High School; provided, that a portion of this funding shall be used to employ 2 career technical educators at Cardozo and Phelps.
(g) OSSE shall deem valid all diplomas awarded to residents who completed the requirements of the National External Diploma Program at any time from January 1, 1980, through February 5, 2016, in the District of Columbia.
§ 38–2609. Development of the educational data warehouse system.
(a) The OSSE, in coordination with the Office of the Chief Technology Officer, shall develop and implement a longitudinal educational data warehouse system (“EDW system”) to be used by:
(1) The OSSE;
(2) The University of the District of Columbia;
(3) Public schools;
(4) Public charter schools;
(5) Publicly funded educational programs;
(6) Policymakers;
(7) Institutions of higher education; and
(8) Researchers.
(b) The EDW system shall be used to compile, analyze, research, and organize student, teacher, and school-level data to:
(1) Facilitate compliance with District of Columbia and federal reporting requirements;
(2) Aid in local and state-level policymaking and programming; and
(3) Improve information exchanges, while maintaining the confidentiality of individual student and staff data, in accordance with District of Columbia and federal confidentiality laws, rules, and regulations.
(c)(1) The EDW system shall be designed to allow for compatibility with other data systems that currently exist or that are in development in the District of Columbia.
(2)(A) Upon the request of the State Superintendent, necessary data pertaining to students, teachers, and school levels shall be submitted to the OSSE for the purpose of constructing, updating, or maintaining the EDW system by:
(i) The University of the District of Columbia;
(ii) A public school;
(iii) A public charter school; or
(iv) An entity administering a publicly funded educational program.
(B) The requested data shall be submitted within a reasonable time, as determined by the OSSE, following a request, and in a standardized format to be established by the OSSE.
(d)(1) All providers of public education in the District of Columbia shall participate in the EDW system, including:
(A) The University of the District of Columbia;
(B) Public schools;
(C) Public charter schools; and
(D) Entities operating publicly funded educational programs.
(2) The OSSE shall ensure that technical assistance and training is provided to the staff participating in the EDW system.
(e)(1) The OSSE shall ensure that a unique identifier is assigned to every student and teacher in a:
(A) Public school;
(B) Public charter school; or
(C) A publicly funded educational program.
(2) The OSSE shall ensure that a unique identifier is assigned to every student of the University of the District of Columbia.
(3) A unique identifier shall be assigned to a student the first time that the student receives educational services from a provider of public education in the District of Columbia.
(f)(1) By March 14, 2022, OSSE, in coordination with the Office of the Chief Technology Officer, shall develop and submit to the Council a plan for:
(A) Creating a standardized course-coding system, such as the School Courses for the Exchange of Data (SCED) Classification System as provided in the National Forum on Education Statistics guidance, to identify, code, and track all courses offered by the District's LEAs. The system shall include:
(i) Course codes and descriptions;
(ii) Course enrollment, including dual enrollment;
(iii) Final course grades; and
(iv) Credit hours;
(B) Developing and implementing an early warning system for use by the LEAs to identify individual students at risk of high school disengagement or dropping out of school, which shall use at least the following statewide data:
(i) Student test scores on prior English language arts and math statewide assessments;
(ii) Chronic absenteeism and truancy rates in the 8th grade;
(iii) Out-of-school suspension rates;
(iv) Mid-year school transfer rates; and
(v) Designation of students as special education, English language learner, or at-risk.
(C) Making improvements to the District's EDW system that align with the National Forum of Education Statistics guidance for statewide data system capacities and the collection, maintenance of, and longitudinal linkage of standard statewide data system data elements.
(2)(A) The plan required pursuant to paragraph (1) of this subsection shall include a detailed cost analysis and implementation timeline for each component of the plan.
(B) A plan that proposes a pilot rather than full-scale implementation of all components required in paragraph (1) of this subsection shall not satisfy the requirements of subparagraph (A) of this paragraph.
(C) If OSSE proposes not to use the course coding system commonly used in Virginia and Maryland, then it needs to explain in particular detail why.
§ 38–2610. Student assessments.
(a)(1) OSSE shall develop and administer all student tests and evaluations required by federal law or as a condition of a federal grant including the yearly student academic assessments that are required for the purposes of determining adequate yearly progress under Title I, Part A, section 1111 of the Elementary and Secondary Education Act of 1965, approved January 8, 2002 (115 Stat. 1444; 20 U.S.C. § 6311).
(2) OSSE may develop and administer:
(A) Districtwide assessments; and
(B) Tests and evaluations for purposes of allowing comparisons with international, national, or state indicators of student achievement; provided, that the test or evaluation be conducted with the smallest sample of students necessary to ensure valid comparisons.
(3) OSSE shall develop guidelines for the administration of practice and field tests, which shall include recommendations on the:
(A) Maximum amount of instructional time per year a school should devote to the administration of practice tests;
(B) Appropriate timing for the administration of field tests; and
(C) Maximum number of field tests in which a school should participate.
(b)(1) An LEA may develop and administer developmentally appropriate tests and evaluations for purposes of assessing student proficiency levels or informing instruction and remediation needs and may establish a policy allowing the tests and evaluations to constitute a portion of a student’s final grade; provided, that the test or other evaluation primarily tests content for the course for which the assessment, test, or evaluation is administered and that the policy is provided to its students and parents and made publicly available at the start of the school year.
(2) Each LEA shall limit administration of practice and field tests based upon:
(A) The guidelines as developed by OSSE pursuant to subsection (a)(3) of this section; or
(B) A policy developed by the LEA; provided, that if the LEA develops its own policy, it shall provide the policy to its students and the students’ parents and make the policy publicly available before the administration of any practice or field test.
§ 38–2611. CTE grant program.
(a) There is established the career and technical education grant program, which shall be administered by OSSE, that, beginning in the 2015-2016 school year, shall provide supplemental funds to DCPS and to public charter schools to support and enhance career and technical education programs.
(b) Grants awarded pursuant to the CTE grant program shall be supplemental to Formula, federal, or other funds received by a school for career and technical education.
(c) By October 1, 2014, OSSE shall issue regulations for the implementation of this section.
§ 38–2612. CTE Grant Program Fund.
(a)(1) There is established the CTE Grant Program Fund, which shall be administered by OSSE in accordance with subsections (c) and (d) of this section.
(b) The Fund shall consist of the revenue from the following sources:
(1) Annual appropriations, if any; and
(2) Grants, gifts, or subsidies from public or private sources.
(c) Except as provided in subsection (d) of this section, the Fund shall be used solely for the purposes set forth in § 38-2611(a).
(d) The OSSE shall not use more than 5% of the funds in the Fund to pay the administrative expenses associated with managing the CTE grant program.
(e)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund at the end of a fiscal year, or at any other time.
(2) Subject to authorization by Congress, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
§ 38–2613. Special Education Enhancement Fund.
(a)(1) There is established as a special fund the Special Education Enhancement Fund (“Enhancement Fund”), which shall be administered by OSSE in accordance with subsections (c) and (d) of this section.
(b) Revenue from the following sources shall be deposited into the Enhancement Fund:
(1) Any excess appropriated funds remaining at the end of each fiscal year in the operating budget for the non-public tuition paper agency within OSSE;
(2) Any other annual appropriation, if any; and
(3) Grants, gifts, or subsidies from public or private sources.
(c) The Enhancement Fund shall be used solely to:
(1) Provide additional funds to those public schools that demonstrate they have incurred costs associated with providing special education services above that for which the school was funded pursuant to the Uniform Per Student Funding Formula allocation;
(2) Support special education capacity expansions, including:
(A) Partnerships developed among nonpublic schools and public schools or public charter schools to provide special education services and training; and
(B) Collaborative ventures among public charter schools to develop special education capacity through joint special education training, administration, or instruction;
(3) Support:
(A) Programs providing joint professional development and training opportunities:
(B) Joint agreements to procure or provide special education services; or
(C) Joint evaluations or assessments developed by groups of public schools or public charter schools;
(4) Support the development of educational programs specifically targeted at overage, under-credited youth with intensive special educational needs; and
(5) Make grants to child development facilities to support the costs of maintaining dedicated slots for infants, toddlers, and preschoolers with disabilities and providing out-of-school-time programming to school-aged children with disabilities and to implement a referral program to place children with disabilities in dedicated grant-funded slots.
(c-1) (1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(d) Notwithstanding any other provision of law, no funds provided under this section shall be counted for the purposes of calculating the maintenance of effort under IDEA.
(e) OSSE may issue rules to implement the provisions of this section.
§ 38–2614. Special education.
(a)(1) Beginning July 1, 2018, the first IEP in effect after a child with a disability reaches 14 years of age shall include transition assessments and services, including:
(A) Appropriate measurable postsecondary goals based upon age- appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills and the transition services needed to assist the child in reaching those goals;
(B) A statement of inter-agency responsibilities or any needed linkages before the child leaves the school setting; and
(C) If the IEP team determines that transition services are not needed, a statement to that effect and the basis upon which the determination was made.
(2) Not later than one year before a child with a disability’s anticipated high school graduation or attainment of a certificate of IEP completion, the IEP team shall identify which adult services might be appropriate for the child and what evaluations should occur to determine the child’s eligibility for those services; provided, that nothing in this section shall be construed to impose any obligation on an LEA to conduct evaluations to determine eligibility for adult services.
(3) Beginning July 1, 2018, a child shall be eligible for Part C of IDEA if the child is otherwise an eligible infant or toddler with a disability and the child demonstrates a delay of at least 25%, using appropriate diagnostic instruments and procedures, in one of the following developmental areas:
(A) Physical development, including vision or hearing;
(B) Cognitive development;
(C) Communication development;
(D) Social or emotional development; or
(E) Adaptive development.
(b) By October 1, 2015, OSSE shall issue:
(1) Rules to implement the provisions of this section; and
(2) A report that includes recommendations on the advisability, timing, and expected cost to:
(A) Further expand eligibility for early intervention or early childhood services to include any subset of infants or toddlers who are at risk of experiencing developmental delays because of the additional biological or environmental factors as described in 34 C.F.R. § 303.5; and
(B) Expand eligibility for special education services by matching the definition of developmental delay of Part B of IDEA, defined in section 5-E3001 of Title 5 of the District of Columbia Municipal Regulations, and the definition of developmental delay under Part C of IDEA, defined in section 5-A3108.3 of Title 5 of the District of Columbia Municipal Regulations.
(c) Repealed.
§ 38–2615. Educator evaluations.
(a) Individual educator evaluations and effectiveness ratings, observation, and value-added data collected or maintained by OSSE are not public records and shall not be subject to disclosure pursuant to § 2-532.
(b) Nothing in this section shall prohibit OSSE from:
(1) Using educator evaluations or effectiveness ratings to fulfill existing requirements of a state educational agency under applicable federal or local law; or
(2) Publicly disclosing aggregate reports and analyses regarding the results of educator evaluation data.
(c) For the purposes of this section, the term “educator” means a principal, assistant principal, school teacher, assistant teacher, or a paraprofessional.
§ 38–2616. Statewide Special Education Compliance Fund. [Repealed]
Repealed.
§ 38–2617. Flexible Schedule Pilot Program.
(a) In School Years 2023-2024 and 2024-2025, OSSE shall administer a Flexible Schedule Pilot Program ("pilot") to assist participating LEAs in providing additional time for educators to engage in professional development, continuing education, course planning, collaboration, wellness, and other similar activities by providing financial support, resources and guidance, linkages to youth development program providers and partners, and research on existing flexible schedule models across the District.
(b) OSSE shall issue a call for applications and select participating LEAs for the pilot by March 15, 2024.
(1) Participation in the pilot shall be based on criteria OSSE establishes, and the following considerations:
(A) OSSE shall give priority to applications that prioritize elementary and middle schools;
(B) The number of participating schools by ward should be proportional to the percentage of students attending school in that ward;
(C) OSSE shall give priority to applications that prioritize schools with higher-than-average teacher attrition; and
(D) The responses an LEA provides with its application pursuant to paragraph (2) of this subsection.
(2) Each LEA's application to the pilot shall include:
(A) The names of the participating schools, the LEA's proposed flexible schedule for each participating school, and an explanation of how flexible scheduling will enhance student achievement for each participating school;
(B) An explanation of how the participating schools identified in the application will meet the 1,080 instructional contact hours otherwise required by OSSE;
(C) The school-level administrators who will be responsible for administering the pilot at each school;
(D) A plan for engaging and communicating with families and students about the pilot;
(E) The projected cost of the pilot and a description of anticipated expenses;
(F) Youth development program providers or other partners the LEA plans to work with to support the pilot and for what purposes, if applicable;
(G) Demographics of each school identified in the LEA's application including:
(i) The ward in which the school is located;
(ii) Number and percentage of students disaggregated by race, English language learner status, at-risk status, and special education status;
(iii) Grade levels served; and
(iv) The number of educators at the school, disaggregated by administrators, teachers, counselors, psychologists, and paraprofessionals; and
(H) Any other information that OSSE may require.
(c) OSSE shall:
(1) Collect data on schools using flexible schedules outside of the pilot that compares different scheduling models and educator attrition rates across those models;
(2) Provide resources and access to technical support for participating schools;
(3) Administer a post-pilot survey to educators that collects feedback on the:
(A) Efficacy of the pilot model measured against its stated goals at each participating school;
(B) Educators' satisfaction with the pilot at their school;
(C) Educators' intent to continue working at their school; and
(D) Any other information that OSSE deems useful;
(4) Administer a post-pilot survey to students and families that collects feedback on their satisfaction with the implementation of the pilot at their school;
(5) By February 1, 2026, make publicly available, a report that includes:
(A) A description of the pilot at each school;
(B) Background information on each pilot school including the demographic information received pursuant to subsection (b)(2)(G) of this section;
(C) A description of costs associated with implementing the pilot at each school;
(D) The results from the educator and student and family surveys issued pursuant to paragraphs (3) and (4) of this subsection and an analysis of the results;
(E) An analysis of other impacts or observations of the pilot not captured by the surveys and an analysis of external variables that may have contributed to survey outcomes and students' academic performance;
(F) An accounting of staff attrition in each participating school comparing the average educator attrition rate over the 3 years before the pilot year to the attrition rate of the pilot year;
(G) An analysis of the impact of the pilot on student learning in the impacted grades;
(H) Recommendations for the most effective models of the pilot;
(I) An analysis of the role that youth development program providers and partners played in supporting the pilot, if applicable; and
(J) Recommendations for how successful pilot models can expand to other schools, and what barriers, policy or otherwise, may prevent adoption of successful pilot models.
(d) For the purposes of this section, the term:
(1) "Educator" includes a principal, assistant principal, teacher, assistant teacher, paraprofessional, school psychologist or counselor, all school service providers, or any person who provides professional educational services or education psychological services at a school.
(2) "Flexible schedule" means a scheduling arrangement that allows for variation in the instructional calendars and formats on a daily or weekly basis while continuing to provide academic instruction to students.
(3) "Paraprofessional" means an individual employed by an LEA to provide instructional, behavioral, or other support for teachers and students in or outside of the classroom. This term includes instructional aides or assistants, teacher aides, and paraeducators.
(4) "Youth development program" means a program or service that engages youth in a variety of social, emotional, educational, or recreational activities to promote improvements to their intellectual, behavioral, and physical well-being, consistent with a youth development approach.
