D.C. Law 21-261. Office of Out of School Time Grants and Youth Outcomes Establishment Act of 2016.
AN ACT
To establish an Office of Out of School Time Grants and Youth Outcomes and a Commission on Out of School Time Grants and Youth Outcomes to support the equitable distribution of high-quality, out-of-school-time programs to District of Columbia youth through coordination among government agencies, grant-making, data collection and evaluation, and the provision of technical assistance to service providers; to repeal the Children and Youth Initiative Establishment Act of 1999; and to amend the Confirmation Act of 1978 to make conforming amendments.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Office of Out of School Time Grants and Youth Outcomes Establishment Act of 2016".
Sec. 2. Definitions.
(a) For the purposes of
(1) "At-risk" shall have the same meaning as provided in
(2) "Commission" means the Commission on Out of School Time Grants and Youth Outcomes.
(3) "Local Education Agency" means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.
(4) "Office" means the Office of Out of School Time Grants and Youth Outcomes.
(5) "Out-of-school-time funding" means District funds that support out-of-school-time programs.
(6) "Out-of-school-time program" means a structured, supervised learning or youth development program offered to District youth before school, after school, on weekends, or during seasonal school breaks.
(7) "Youth" means an individual of 21 years of age or less who is eligible to enroll in a District primary or secondary school, or an individual of 22 years of age or less who is eligible to receive special education services from a local educational agency.
(8) "Youth development" means a programmatic or service delivery approach that engages youth within their communities, schools, organizations, peer groups, and families in a manner that is productive and constructive; recognizes, utilizes, and enhances youths' strengths; and promotes positive outcomes for youth by providing opportunities, fostering positive relationships, and furnishing the support needed to build on their strengths.
(9) "Youth development program" means a program or service that engages youth in a variety of social, emotional, educational, and recreational activities to promote improvements to their intellectual, behavioral, and physical well-being, consistent with a youth development approach.
Sec. 3. Office of Out of School Time Grants and Youth Outcomes; establishment.
(a) Pursuant to
(b) The mission of the Office is to improve the educational, social-emotional, and physical health outcomes of youth through participation in out-of-school-time programs.
(c) The Office shall be headed by a director, who shall be appointed by, and serve at the pleasure of, the Mayor.
Sec. 4. Office of Out of School Time Grants and Youth Outcomes; duties and authority.
(a) The duties of the Office shall be as follows:
(1) Guide the implementation of the District's strategic plan for out-of-school time programs and funding ("strategic plan"), developed by the Commission pursuant to
(2) Support the Commission in its duties outlined in
(3) Gather and analyze data to improve equitable distribution of out-of-school-time programs and funding and to ensure high-quality, evidence-based out-of-school-time programs;
(4) Meaningfully engage youth, school-based personnel, parents, and key stakeholders throughout the community in the work of the Office and the Commission;
(5) Conduct an annual, community-wide needs assessment on out-of-school-time programs as directed by the Commission;
(6) Regularly update the Commission on the Office's activities, how those activities promote the goals and priorities of the strategic plan, and the Office's progress toward achieving the goals and priorities of the strategic plan;
(7) Provide technical assistance, training, and capacity building to governmental and nongovernmental bodies on best practices in youth development and other topics consistent with the Office's mission, as appropriate;
(8) Issue reports and recommendations consistent with the Office's mission, including an annual report on the community-wide needs assessment;
(9) Work to advance Commission-led efforts to improve collaboration, problem-solving, and cooperation among District agencies around out-of-school-time programs, funding, and outcomes; and
(10) Develop, in collaboration with the Commission, plans for assessing the quality of out-of-school-time programs.
(b) The Office may issue grants to nongovernmental organizations providing out-of-school-time programs, in accordance with the strategic plan.
(c) The Office may charge fees for trainings provided pursuant to subsection (a)(7) of this section.
(d) The D.C. Auditor shall conduct an audit of the Office within 2 years of the issuance of the first grant by the Office, and shall conduct subsequent audits of the Office at least every 5 years thereafter.
Sec. 5. Office of Out of School Time Grants and Youth Outcomes; requirements for awarding grants.
(a) The Office shall publish rules to govern the award of grants consistent with this section and
(b)(1) Except as provided in paragraph (2) of this subsection, the Office shall award grants on a competitive basis to nonprofit organizations that provide out-of-school-time programs.
(2) The Office may award a grant to a nonprofit organization that does not provide out-of-school-time programs; provided, that:
(A) The grantee has a proven track record of success in grant-making;
(B) The grantee agrees to use 90% of the Office's grant to award subgrants to nonprofit organizations that provide out-of-school-time programs in accordance with the terms of this section and rules established by the Office; and
(C) The grantee agrees to undergo an annual audit and submit quarterly reports to the Office on its financial health and its use of the Office's grant.
(c) Grants shall be awarded in a manner consistent with the Commission's strategic plan for out-of-school-time programs and funding with particular attention to the strategic plan's goals and priorities for at-risk students, geographic distribution of out-of-school-time programs and funding, and program quality.
(d)(1) The Office shall establish a review process for awarding grants, which shall include the use of review panels to evaluate each grant application in an impartial manner.
(2) No more than half of a review panel's members may be employees or contractors of the Office or members of the Commission.
(3) No member of a review panel may have a conflict of interest that would render the reviewer unable to be impartial.
(e) Grants shall be awarded for terms of at least 3 years, subject to the availability of funding.
(f) The Office may not award a grant under this section in excess of $1 million during a 12-month period, either singularly or cumulatively, unless the grant is first submitted to the Council for approval, in accordance with
(g) In addition to the reporting requirements in
(1) Detailed information about the grantee and any subgrantees;
(2) A description of the specific services provided to youth;
(3) The name of the entity providing the services, if one other than the grantee;
(4) The location of services and demographic profile of service recipients; and
(5) The amount of grant funds dedicated to program costs and the amount dedicated to other expenditures.
Sec. 6. Commission on Out of School Time Grants and Youth Outcomes; establishment.
(a) There is established a Commission on Out of School Time Grants and Youth Outcomes to develop a District-wide strategy for equitable access to out-of-school-time programs and to facilitate interagency planning and coordination for out-of-school-time programs and funding.
(b) The Commission shall consist of 21 members who represent key community stakeholder constituencies or are District agency administrative heads or their designees, including:
(1) The Director of the Office of Out of School Time Grants and Youth Outcomes;
(2) The Deputy Mayor for Education;
(3) The State Superintendent of Education;
(4) The Chancellor of the District of Columbia Public Schools;
(5) The Executive Director of the Public Charter School Board;
(6) The Director of the Department of Parks and Recreation;
(7) The Chairperson of the Council committee with jurisdiction over matters related to public education; and
(8) At least 8 nongovernmental members, appointed in accordance with
(c) The Commission shall elect a chairperson and vice-chairperson from its membership.
(d) Nongovernmental members shall comprise a majority of the Commission.
(e) The Commission shall draft and publish rules of procedure for its operation including rules governing nominations and election of leadership, governance structure, meetings, and attendance.
Sec. 7. Commission on Out of School Time Grants and Youth Outcomes; nongovernmental members' appointment, terms.
(a)(1) The Mayor shall appoint the nongovernmental members of the Commission, with the advice and consent of the Council, in accordance with
(2) The Mayor shall transmit to the Council, within 90 days of the effective date of this act, nominations for each nongovernmental member of the Commission, and thereafter upon a member's resignation or the expiration of a member's term;
(b) Nongovernmental members of the Commission shall be representative of the District's various geographic neighborhoods and stakeholder constituencies, including consumers and providers of youth development programs, organizations that advocate for the needs of youth, and District higher education, philanthropic, workforce development, and cultural institutions; provided, that, at the time of appointment:
(1) At least one member is a consumer of youth development programs in the District; and
(2) At least 2 members are representatives of organizations providing youth development programs in the District.
(c)(1) Nongovernmental members shall serve regular terms of 3 years and may be reappointed for a single 3-year term; except that, of the members first appointed, the Mayor shall designate 4 to serve terms of 2 years.
(2) Notwithstanding paragraph (1) of this subsection, an individual who has served 2 consecutive regular terms on the Commission may serve additional regular terms consistent with this subsection after a break in service on the Commission of at least one year; provided, that no individual may serve more than 6 regular terms on the Commission.
(3) A member appointed to fill a vacancy shall be appointed only for the remainder of the predecessor's term.
(4) A vacancy appointment shall not count toward the term-limits otherwise provided in this subsection.
Sec. 8. Commission on Out of School Time Grants and Youth Outcomes; duties and authority.
(a) The duties of the Commission shall be as follows:
(1) Set the goals and scope of an annual, community-wide needs assessment, which the Office shall conduct, to identify and prioritize needs for out-of-school-time programs and establish targets for out-of-school-time funding.
(2)(A) Within 12 months of the effective date this act, and at least every 3 years thereafter, draft and approve a strategic plan for out-of-school-time programs and funding ("strategic plan") in the District that encourages interagency and community coordination and promotes equitable access for youth and families to high-quality youth development programs.
(B) The strategic plan shall draw on the data gathered and analyzed by the Office, including the annual community-wide needs assessment, to identify and resolve gaps in the distribution of out-of-school-time programs and funding, with a particular emphasis on at-risk students, geographic distribution of out-of-school-time programs and funding, and program quality.
(3) Review, on a regular basis, the efforts of the Office to fulfill the goals and priorities of the strategic plan.
(4) Review, on a regular basis, the efforts of other relevant District agencies to cooperate in achieving the strategic plan, including review of the allocation of out-of-school-time funding in school budgets, to the extent such data is available, and how such allocation aligns with the need.
(5) Identify areas for improved collaboration, problem-solving, and cooperation among District agencies regarding out-of-school-time programs and funding.
(6) Inform and approve plans for assessing the quality of out-of-school-time programs developed by the Office.
(b) The Commission may use the personnel and resources of the Office, as needed, to accomplish its duties.
Sec. 9. Coordination of funding and reporting.
(a) Starting 24 months after the effective date of this act, the Office shall coordinate with the Department of Parks and Recreation, the Office of the State Superintendent of Education, District of Columbia Public Schools, and the Public Charter School Board to:
(1) Align out-of-school-time funding from the Department of Parks and Recreation, Office of the State Superintendent of Education, and local education agencies, where appropriate, to conform with the strategic plan developed by the Commission; and
(2) Streamline and standardize, where appropriate, the application, payment, and reporting processes for organizations seeking out-of-school-time funding from the Department of Parks and Recreation, Office of the State Superintendent of Education, and local education agencies.
(b)(1) Within 36 months of the effective date of this act, the Commission shall submit to the Mayor and the Council a report on the feasibility of expanding the Office's and Commission's coordination and standardization efforts to additional District agencies that fund or operate out-of-school-time programs, including the Department of Employment Services, Department of Human Services, Department of Behavioral Health, District of Columbia Public Library, Department of Youth Rehabilitative Services, Department of Health, and others as appropriate.
(2) The Commission shall publicize its recommendations, the rationale for the recommendations, and its plan, in partnership with the Office, to increase coordination.
Sec. 10. The Children and Youth Initiative Establishment Act of 1999, effective October 20, 1999 (D.C. Law 13-38; D.C. Official Code § 2-1551 et seq.), is repealed.
Sec. 11. Section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(f)), is amended as follows:
(a) Paragraph (54) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) Paragraph (55) is amended by striking the period and inserting the phrase "; and" in its place.
(c) A new paragraph (56) is added to read as follows:
"(56) The Commission on Out of School Time Grants and Youth Outcomes established pursuant to
Sec. 12. Applicability.
(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec. 13. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 14. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
