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DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996
(House of Representatives - November 02, 1995)

Text of this article available as: TXT PDF [Pages H11704-H11735] DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996 The SPEAKER pro tempore. Pursuant to House Resolution 252 and rule XXIII, the Chair declares the House in the Committee of the Whole House on the State of the Union for the further consideration of the bill H.R. 2546. {time} 1257 in the committee of the whole Accordingly the House resolved itself into the Committee of the Whole House on the State of the Union for the further consideration of the bill (H.R. 2546) making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1996, and for other purposes, with Mr. Hastings of Washington in the chair. [[Page H 11705]] The Clerk read the title of the bill. The CHAIRMAN. When the Committee of the Whole House met on Wednesday, November 1, 1995, an amendment offered by the gentleman from Indiana [Mr. Hostettler] had been disposed of and the bill had been read through page 58 line 4. Are there further amendments to the bill? Mr. GUNDERSON. Mr. Chairman, I move to strike the last word. (Mr. GUNDERSON asked and was given permission to revise and extend his remarks.) Mr. GUNDERSON. Mr. Chairman, I took this time, because of the limited debate time and the request for so many Members to speak, as a way of saying a couple of things that I think are important. For those who were not paying attention yesterday, I want to begin by extending again my personal thanks to the gentleman from New York [Mr. Walsh], the gentlewoman from the District of Columbia [Ms. Norton], and the gentleman from California [Mr. Dixon], for all the cooperation between them and their staff, and the gentleman from Virginia [Mr. Davis], as well, from the District of Columbia Committee, and certainly the gentleman from Pennsylvania [Mr. Goodling], and all my colleagues on the Committee on Economic and Educational Opportunities, the gentleman from North Carolina [Mr. Ballenger], and others, for all of their work in this effort to try to bring about a consensus on this issue. {time} 1300 As many of my colleagues are aware, the Washington Post today said in their editorial, ``This is an education vote that counts,'' encouraging every Member on both sides of the aisle to vote ``yes'' on the District of Columbia school reform amendment that I am about to call up. Mr. Chairman, the reason I wanted to ask for special time, however, is because I think it is important that we deal head on with what is the misunderstanding by so many Members about this voucher issue. When this process began we had obviously the education reform movement in this country that said, ``You are not going to give new money to D.C., you are not going to give them more opportunities to expand education funding, unless you get some real reforms.'' On the other side we had the public education community that said very clearly, ``We are not about to support a package that creates a tool for taking public education dollars to fund private education initiatives.'' Mr. Chairman, I thought, frankly, they were both fair. So, we have very carefully, very methodically, over a long period of time, negotiated out what is the best possible compromise we can achieve on this issue. Under a private school voucher program, if a student leaves a public school to attend a private school, their per capita funding goes with them. Money leaves that public school and goes into that private school. Mr. Chairman, I can tell my Democratic friends, I have never once voted for a private school voucher program during my tenure in Congress. I am as opposed to that as my Democrat colleagues are. This bill does not, does not, does not include a private school voucher. It is very important that Members understand that. In exchange for that, what we have done is we have said we will set up a scholarship program for District of Columbia students. We will provide some start-up money at the Federal level, whatever the appropriations process down the line will bear. And let us be honest, based on the present circumstances, it is not going to be a lot, but whatever that will bear. We will then allow the scholarship board, made up of seven District of Columbia residents, again, I underline seven District of Columbia residents, to go out and raise private contributions. Whatever those two sources of revenue produce can be used in an equal number of public school scholarships and private school scholarships. Mr. Chairman, I think it is very important as we begin this process to understand if 100 students were to leave the District of Columbia public schools and to go to private schools, not one dime would leave the District of Columbia public school system. Not one dime would leave the public school system. We are not taking money from public schools to put it into private schools. This is a carefully crafted compromise. We cannot authorize $20 million in new education initiatives, leveraging probably twice that much in private resources to repair the buildings and equip the schools with technology equipment, without working out some kind of compromise on the reform issues. Mr. Chairman, this is as good a compromise as we can get. My colleagues' vote today will decide whether we have District of Columbia school reform, because we cannot work out an agreement that does not have this kind of a carefully crafted balance and get support on both sides of the aisle. Mr. DIXON. Mr. Chairman, I move to strike the last word. Mr. Chairman, the gentleman from Wisconsin [Mr. Gunderson] is absolutely correct. The time is very limited and so I would just like to take this opportunity to register my opposition, for I have a great number of speakers. Mr. Chairman, regarding the amendment that the gentleman from Wisconsin is about to present, the gentleman should be congratulated on the fact that he has tried to reach a consensus. The gentleman has worked with a lot of people. Unfortunately, in my view, the gentleman has not reached a consensus. Mr. Chairman, there are at least 20 organizations, including the Secretary of Education, the American Association of School Administrators, the Americans United for Separation of Church and State, that are all opposed to this. This is a 142-page amendment. It authorizes $100 million. It does not appropriate one dime. It belongs in the Committee on Economic and Educational Opportunities. There is great philosophical discord about this amendment. Mr. Chairman, $42 million could possibly go to private schools, and the bill is silent on whether those could be religious schools. I am not clear if they would have to be in the jurisdiction of the District or could be outside the District. Basically, this is public money, some $5 million over a 5-year period, public funds going to private schools. Mr. Chairman, I would oppose the amendment that the gentleman is about to offer. Amendment Offered by Mr. GUNDERSON Mr. GUNDERSON. Mr. Chairman, I offer an amendment, made in order by the rule. The CHAIRMAN (Mr. Hastings of Washington). The Clerk will designate the amendment. The text of the amendment is as follows: Amendment offered by Mr. Gunderson: At the end of the bill, add the following: TITLE II--DISTRICT OF COLUMBIA SCHOOL REFORM SEC. 2001. SHORT TITLE. This title may be cited as the ``District of Columbia School Reform Act of 1995''. SEC. 2002. DEFINITIONS. Except as otherwise provided, for purposes of this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate; (B) the Committee on Economic and Educational Opportunities of the House of Representatives and the Committee on Labor and Human Resources of the Senate; and (C) the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate. (2) Authority.--The term ``Authority'' means the District of Columbia Financial Responsibility and Management Assistance Authority established under section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (3) Average daily attendance.--The term ``average daily attendance'', when used with respect to a school and a period of time, means the aggregate attendance of the school during the period divided by the number of days during the period on which-- (A) the school is in session; and (B) the pupils of the school are under the guidance and direction of teachers. (4) Average daily membership.-- (A) Individual school.--The term ``average daily membership'', when used with respect to a school and a period of time, means the aggregate enrollment of the school during the period divided by the number of days during the period on which-- (i) the school is in session; and (ii) the pupils of the school are under the guidance and direction of teachers. [[Page H 11706]] (B) Groups of schools.--The term ``average daily membership'', when used with respect to a group of schools and a period of time, means the average of the average daily memberships during the period of the individual schools that constitute the group. (5) Board of education.--The term ``Board of Education'' means the Board of Education of the District of Columbia. (6) Board of trustees.--The term ``Board of Trustees'' means the governing board of a public charter school, the members of which board have been selected pursuant to the charter granted to the school and in a manner consistent with this title. (7) Control period.--The term ``control period'' means a period of time described in section 209 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (8) Core curriculum.--The term ``core curriculum'' means the concepts, factual knowledge, and skills that students in the District of Columbia should learn in kindergarten through 12th grade in academic content areas, including, at a minimum, English, mathematics, science, and history. (9) District of columbia council.--The term ``District of Columbia Council'' means the Council of the District of Columbia established pursuant to section 401 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 1-221). (10) District of columbia government.-- (A) In general.--The term ``District of Columbia government'' means the government of the District of Columbia, including-- (i) any department, agency, or instrumentality of the government of the District of Columbia; (ii) any independent agency of the District of Columbia established under part F of title IV of the District of Columbia Self-Government and Governmental Reorganization Act; (iii) any other agency, board, or commission established by the Mayor or the District of Columbia Council; (iv) the courts of the District of Columbia; (v) the District of Columbia Council; and (vi) any other agency, public authority, or public benefit corporation that has the authority to receive monies directly or indirectly from the District of Columbia (other than monies received from the sale of goods, the provision of services, or the loaning of funds to the District of Columbia). (B) Exceptions.--The term ``District of Columbia government'' does not include the following: (i) The Authority. (ii) A public charter school. (11) District of columbia government retirement system.-- The term ``District of Columbia government retirement system'' means the retirement programs authorized by the District of Columbia Council or the Congress for employees of the District of Columbia government. (12) District of columbia public school.-- (A) In general.--The term ``District of Columbia public school'' means a public school in the District of Columbia that offers classes-- (i) at any of the grade levels from prekindergarten through the 12th grade; or (ii) leading to a general education diploma. (B) Exception.--The term does not include a public charter school. (13) District of columbia public schools.--The term ``District of Columbia public schools'' means all schools that are District of Columbia public schools. (14) District-wide assessments.--The term ``district-wide assessments'' means reliable and unbiased student assessments administered by the Superintendent to students enrolled in District of Columbia public schools and public charter schools. (15) Eligible applicant.--The term ``eligible applicant'' means a person, including a private, public, or quasi-public entity and an institution of higher education (as defined in section 481 of the Higher Education Act of 1965), who seeks to establish a public charter school. (16) Eligible chartering authority.--The term ``eligible chartering authority'' means any of the following: (A) The Board of Education. (B) Any of the following public or federally-chartered universities: (i) Howard University. (ii) Gallaudet University. (iii) American University. (iv) George Washington University. (v) The University of the District of Columbia. (C) Any other entity designated by enactment of a bill as an eligible chartering authority by the District of Columbia Council after the date of the enactment of this Act. (17) Facilities management.--The term ``facilities management'' means the administration, construction, renovation, repair, maintenance, remodeling, improvement, or other oversight, of a building or real property of a District of Columbia public school. The term does not include the performance of any such act with respect to real property owned by a public charter school. (18) Family resource center.--The term ``family resource center'' means an information desk-- (A) located at a school with a majority of students whose family income is not greater than 185 percent of the poverty guidelines updated annually in the Federal Register by the Department of Health and Human Services under authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981; and (B) which links students and families to local resources and public and private entities involved in child care, adult education, health and social services, tutoring, mentoring, and job training. (19) Long-term reform plan.--The term ``long-term reform plan'' means the plan submitted by the Superintendent under section 2101. (20) Mayor.--The term ``Mayor'' means the Mayor of the District of Columbia. (21) Metrobus and metrorail transit system.--The term ``Metrobus and Metrorail Transit System'' means the bus and rail systems administered by the Washington Metropolitan Area Transit Authority. (22) Minor student.--The term ``minor student'' means an individual who-- (A) is enrolled in a District of Columbia public schools or a public charter school; and (B) is not beyond the age of compulsory school attendance, as prescribed in section 1 of article I, and section 1 of article II, of the Act of February 4, 1925 (sections 31-401 and 31-402, D.C. Code). (23) Nonresident student.--The term ``nonresident student'' means-- (A) an individual under the age of 18 who is enrolled in a District of Columbia public school or a public charter school, and does not have a parent residing in the District of Columbia; or (B) an individual who is age 18 or older and is enrolled in a District of Columbia public school or public charter school, and does not reside in the District of Columbia. (24) Panel.--The term ``Panel'' means the World Class Schools Panel established under subtitle D. (25) Parent.--The term ``parent'' means a person who has custody of a child enrolled in a District of Columbia public school or a public charter school, and who-- (A) is a natural parent of the child; (B) is a stepparent of the child; (C) has adopted the child; or (D) is appointed as a guardian for the child by a court of competent jurisdiction. (26) Petition.--The term ``petition'' means a written application, submitted by an eligible applicant to an eligible chartering authority, to establish a public charter school. (27) Promotion gate.--The term ``promotion gate'' means the criteria, developed by the Superintendent and approved by the Board of Education, that are used to determine student promotion at different grade levels. Such criteria shall include achievement on district-wide assessments that, to the greatest extent practicable, measure student achievement of the core curriculum. (28) Public charter school.--The term ``public charter school'' means a publicly funded school in the District of Columbia that is established pursuant to subtitle B. A public charter school is not a part of the District of Columbia public schools. (29) School.--The term ``school'' means-- (A) a public charter school; or (B) any other day or residential school that provides elementary or secondary education, as determined under State or District of Columbia law. (30) Student with special needs.--The term ``student with special needs'' has the meaning given such term by the Mayor and the District of Columbia Council under section 2301. (31) Superintendent.--The term ``Superintendent'' means the Superintendent of the District of Columbia public schools. (32) Teacher.--The term ``teacher'' means any person employed as a teacher by the Board of Education or by a public charter school. Subtitle A--District of Columbia Reform Plan SEC. 2101. LONG-TERM REFORM PLAN. (a) In General.-- (1) Plan.--The Superintendent, with the approval of the Board of Education, shall submit to the appropriate congressional committees, the Mayor, the District of Columbia Council, and the Authority a long-term reform plan, not later than February 1, 1996. The plan shall be consistent with the financial plan and budget for the District of Columbia for fiscal year 1996 required under section 201 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (2) Consultation.-- (A) In general.--In developing the long-term reform plan, the Superintendent-- (i) shall consult with the Board of Education, Mayor, and District of Columbia Council, and, in a control period, with the Authority; and (ii) shall afford the public, interested organizations, and groups an opportunity to present their views and make recommendations regarding the long-term reform plan. (B) Summary of recommendations.--The Superintendent shall include in the long-term plan a summary of the recommendations made under subparagraph (A)(ii) and the response of the Superintendent to these recommendations. (b) Contents.-- (1) Areas to be addressed.--The long-term plan shall describe how the District of Columbia public schools will become a world-class education system which prepares students for life-time learning in the 21st century and which is on a par with the best education systems of other nations. The plan shall include a description of how the District of Columbia public schools will accomplish the following: (A) Achievement at nationally- and internationally- competitive levels by students attending District of Columbia public schools. [[Page H 11707]] (B) The creation of a performance-oriented workforce. (C) The construction and repair of District of Columbia public school facilities. (D) Local school governance, decentralization, autonomy, and parental choice among District of Columbia public schools; and (E) The implementation of an efficient and effective adult literacy program. (2) Other information.--For each of the items in subparagraphs (A) through (G) of paragraph (1), the long-term plan shall include-- (A) a statement of measurable, objective performance goals; (B) a description of the measures of performance to be used in determining whether the Superintendent and Board of Education have met the goals; (C) dates by which the goals must be met; (D) plans for monitoring and reporting progress to District of Columbia residents, the appropriate congressional committees, the Mayor, the District of Columbia Council, and the Authority; and (E) the title of the management employee of the District of Columbia public schools most directly responsible for the achievement of each goal and, with respect to each such employee, the title of the employee's immediate supervisor or superior. (c) Amendments.--The Superintendent, with the approval of the Board of Education, shall submit any amendment to the long-term plan to the appropriate congressional committees. Any amendment to the long-term plan shall be consistent with the financial plan and budget for fiscal year 1996 for the District of Columbia required under section 201 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). Subtitle B--Public Charter Schools SEC. 2151. PROCESS FOR FILING CHARTER PETITIONS. (a) Existing Public School.--An eligible applicant seeking to convert an existing District of Columbia public school into a public charter school-- (1) shall prepare a petition to establish a public charter school that meets the requirements of section 2152; (2) shall provide a copy of the petition to-- (A) the parents of minor students attending the existing school; (B) adult students attending the existing school; and (C) employees of the existing school; (3) shall file the petition with an eligible chartering authority for approval after the petition-- (A) has been signed by a majority of the total number of-- (i) parents of minor students attending the school; and (ii) adult students attending the school; and (B) has been endorsed by at least a majority of full-time teachers at the school; and (4) shall explain in the petition the relationship that will exist between the public charter school and its employees. (b) Independent or Private School.--An eligible applicant seeking to convert an existing independent or private school in the District of Columbia into a public charter school-- (1) shall prepare a petition to establish a public charter school that meets the requirements of section 2152; (2) shall provide a copy of the petition to-- (A) the parents of minor students attending the existing school; (B) adult students attending the existing school; and (C) employees of the existing school; (3) shall file the petition with an eligible chartering authority for approval after the petition-- (A) has been signed by a majority of the total number of-- (i) parents of minor students attending the school; and (ii) adult students attending the school; and (B) has been endorsed by at least a majority of full-time teachers at the school; and (4) shall explain in the petition the relationship that will exist between the public charter school and its employees. (c) New School.--An eligible applicant seeking to establish in the District of Columbia a public charter school, but not seeking to convert an existing public, private, or independent school into a public charter school, shall file with an eligible chartering authority for approval a petition to establish a public charter school that meets the requirements of section 2152. SEC. 2152. CONTENTS OF PETITION. A petition to establish a public charter school shall include the following: (1) A statement defining the mission and goals of the proposed school. (2) A statement of the need for the proposed school in the geographic area of the school site. (3) A description of the proposed instructional goals and methods for the school, which includes, at a minimum-- (A) the methods that will be used to provide students with the knowledge, proficiency, and skills needed-- (i) to become nationally and internationally competitive students and educated individuals in the 21st century; and (ii) to perform competitively on any districtwide assessments; and (B) the methods that will be used to improve student self- motivation, classroom instruction, and learning for all students. (4) A description of the plan for evaluating student academic achievement of the proposed school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below the expectations of the school. (5) An operating budget for the first 2 years of the proposed school that is based on anticipated enrollment and contains-- (A) a description of the method for conducting annual audits of the financial, administrative, and programmatic operations of the school; (B) either-- (i) an identification of the site where the school will be located, including a description of any buildings on the site and any buildings proposed to be constructed on the site; or (ii) a timetable by which a such an identification will be made; (C) a description of any major contracts planned, with a value equal to or exceeding $10,000, for equipment and services, leases, improvements, purchases of real property, or insurance; and (D) a timetable for commencing operations as a public charter school. (6) A description of the proposed rules and policies for governance and operation of the school. (7) Copies of the proposed articles of incorporation and bylaws of the school. (8) The names and addresses of the members of the proposed Board of Trustees. (9) A description of the student enrollment, admission, suspension, and expulsion policies and procedures of the proposed school, and the criteria for making decisions in such areas. (10) A description of the procedures the school plans to follow to ensure the health and safety of students, employees, and guests of the school and to comply with applicable health and safety laws and regulations of the Federal Government and the District of Columbia. (11) An explanation of the qualifications that will be required of employees of the proposed school. (12) An identification, and a description, of the individuals and entities submitting the application, including their names and addresses, and the names of the organizations or corporations of which such individuals are directors or officers. SEC. 2153. PROCESS FOR APPROVING OR DENYING CHARTER PETITIONS. (a) Schedule.--An eligible chartering authority may establish a schedule for receiving petitions to establish a public charter school and shall publish any such schedule in the District of Columbia Register. An eligible chartering authority shall make a copy of any such schedule available to all interested persons upon request. (b) Public Hearing.--Not later than 45 days after a petition to establish a public charter school is filed with an eligible chartering authority, the authority shall hold a public hearing on the petition to gather the information that is necessary for the authority to make the decision to approve or deny the petition. (c) Notice.--Not later than 10 days prior to the scheduled date of a public hearing on a petition to establish a public charter school, an eligible chartering authority-- (1) shall publish a notice of the hearing in the District of Columbia Register; and (2) shall send a written notification of the hearing date to the eligible applicant who filed the petition. (d) Approval or Denial.--Subject to subsection (i), an eligible chartering authority shall approve a petition to establish a public charter school, if-- (1) the authority determines that the petition satisfies the requirements of this subtitle; and (2) the eligible applicant who filed the petition agrees to satisfy any condition or requirement, consistent with this title and other applicable law, that is set forth in writing by the eligible chartering authority as an amendment to the petition. (e) Timetable.--An eligible chartering authority shall approve or deny a petition to establish a public charter school not later than 45 days after the conclusion of the public hearing on the petition. (f) Extension.--An eligible chartering authority and an eligible applicant may agree to extend the 45-day time period referred to in subsection (e) by a period that does not exceed 30 days. (g) Explanation.--If an eligible chartering authority denies a petition or finds it to be incomplete, the authority shall specify in writing the reasons for its decision and indicate, when appropriate, how the eligible applicant who filed the petition may revise the petition to satisfy the requirements for approval. (h) Approved Petition.-- (1) Notice.--Not later than 10 days after an eligible chartering authority approves a petition to establish a public charter school, the authority shall provide a written notice of the approval, including a copy of the approved petition and any conditions or requirements agreed to under subsection (d)(2), to the eligible applicant and to the Chief Financial Officer of the District of Columbia. The eligible chartering authority shall publish a notice of the approval of the petition in the District of Columbia Register. (2) Charter.--The provisions of a petition to establish a public charter school that has been approved by an eligible chartering authority, together with any amendments to [[Page H 11708]] the petition containing conditions or requirements agreed to by the eligible applicant under subsection (d)(2), shall be considered a charter granted to the school by the authority. (i) Special Rules for First Year.--During the one-year period beginning on the date of the enactment of this Act, each eligible chartering authority-- (1) may approve not more than one petition filed by an eligible applicant seeking to convert an existing independent or private school into a public charter school; and (2) in considering a petition to establish a public charter school filed by any eligible applicant, shall consider whether the school will focus on students with special needs. (j) Exclusive Authority of Chartering Authority.-- Notwithstanding any other Federal law or law of the District of Columbia, no governmental entity, elected official, or employee of the District of Columbia may make, participate in making, or intervene in the making of, the decision to approve or deny a petition to establish a public charter school, except the eligible chartering authority with which the petition was filed. SEC. 2154. DUTIES AND POWERS OF, AND OTHER REQUIREMENTS ON, PUBLIC CHARTER SCHOOLS. (a) Duties.--A public charter school shall comply with-- (1) this subtitle; (2) any other provision of law applicable to the school; and (3) all of the terms and provisions of its charter. (b) Powers.--A public charter school shall have all of the powers necessary for carrying out its charter, including the following powers: (1) To adopt a name and corporate seal, but only if the name selected includes the words ``public charter school''. (2) To acquire real property for use as its school facilities, from public or private sources. (3) To receive and disburse funds for school purposes. (4) Subject to subsection (c)(1), to secure appropriate insurance and to make contracts and leases, including agreements to procure or purchase services, equipment, and supplies. (5) To incur debt in reasonable anticipation of the receipt of funds from the general fund of the District of Columbia or the receipt of other Federal or private funds. (6) To solicit and accept any grants or gifts for school purposes, if the school-- (A) does not accept any grants or gifts subject to any condition contrary to law or contrary to the terms of the petition to establish the school as a public charter school; and (B) maintains separate accounts for grants or gifts for financial reporting purposes. (7) To be responsible for its own operation, including preparation of a budget and personnel matters. (8) To sue and be sued in its own name. (c) Prohibitions and Other Requirements.-- (1) Contracting authority.-- (A) Notice requirement.--Except in the case of an emergency, with respect to any contract proposed to be awarded by a public charter school and having a value equal to or exceeding $10,000, the school shall publish a notice of a request for proposals in the District of Columbia Register not less than 30 days prior to the award of the contract. (B) Submission to authority.-- (i) Deadline for submission.--With respect to any contract described in subparagraph (A) that is awarded by a public charter school, the school shall submit to the Authority, not later than 3 days after the date on which the award is made, all bids for the contract received by the school, the name of the contractor who is awarded the contract, and the rationale for the award of the contract. (ii) Effective date of contract.-- (I) In general.--Subject to subclause (II), a contract described in subparagraph (A) shall become effective on the date that is 15 days after the date the school makes the submission under clause (i) with respect to the contract, or the effective date specified in the contract, whichever is later. (II) Exception.--A contract described in subparagraph (A) shall be considered null and void if the Authority determines, within 12 days of the date the school makes the submission under clause (i) with respect to the contract, that the contract endangers the economic viability of the public charter school. (2) Tuition.--A public charter school may not charge tuition, fees, or other mandatory payments, except to nonresident students. (3) Control.--A public charter school-- (A) shall exercise exclusive control over its expenditures, administration, personnel, and instructional methods, within the limitations imposed in this title; and (B) shall be exempt from statutes, policies, rules, and regulations governing District of Columbia public schools established by the Superintendent, Board of Education, Mayor, District of Columbia Council, or Authority, except as otherwise provided in this title or in the charter granted to the school. (4) Audits.--A public charter school shall be subject to the same financial audits, audit procedures, and fiduciary requirements as a District of Columbia public school. (5) Governance.--A public charter school shall be governed by a Board of Trustees in a manner consistent with the charter granted to the school, the provisions of this title, and any other law applicable to the school. (6) Other staff.--No employee of the District of Columbia public schools may be required to accept employment with, or be assigned to, a public charter school. (7) Other students.--No student enrolled in a District of Columbia public school may be required to attend a public charter school. (8) Taxes or bonds.--A public charter school shall not levy taxes or issue bonds. (9) Charter revision.--A public charter school seeking to revise its charter shall prepare a petition for approval of the revision and file it with the eligible chartering authority that granted the charter. The provisions of section 2153 shall apply to such a petition in the same manner as such provisions apply to a petition to establish a public charter school. (10) Annual report.-- (A) In general.--A public charter school shall submit an annual report to the eligible chartering authority that approved its charter and to the Authority. The school shall permit a member of the public to review any such report upon request. (B) Contents.--A report submitted under subparagraph (A) shall include the following data: (i) Student performance on any district-wide assessments. (ii) Grade advancement for students enrolled in the public charter school. (iii) Graduation rates, college admission test scores, and college admission rates, if applicable. (iv) Types and amounts of parental involvement. (v) Official student enrollment. (vi) Average daily attendance. (vii) Average daily membership. (viii) A financial statement audited by an independent certified public accountant. (ix) A list of all donors and grantors that have contributed monetary or in-kind donations having a value equal or exceeding $500 during the year that is the subject of the report. (C) Nonidentifying data.--Data described in subparagraph (B) that are included in an annual report may not identify the individuals to whom the data pertain. (11) Student enrollment report.--A public charter school shall report to the Mayor and the District of Columbia Council annual student enrollment on a grade-by-grade basis, including students with special needs, in a manner and form that permits the Mayor and the District of Columbia Council to comply with subtitle E. (12) Census.--A public charter school shall provide to the Board of Education student enrollment data necessary for the Board to comply with section 3 of article II of the Act of February 4, 1925 (D.C. Code, sec. 31-404) (relating to census of minors). (13) Complaint resolution process.--A public charter school shall establish an informal complaint resolution process. (14) Program of education.--A public charter school shall provide a program of education which shall include one or more of the following: (A) Pre-school. (B) Pre-kindergarten. (C) Any grade or grades from kindergarten through 12th grade. (D) Adult community, continuing, and vocational education programs. (15) Nonsectarian nature of schools.--A public charter school shall be nonsectarian. (16) Nonprofit status of school.--A public charter school shall be organized under the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et seq.). (17) Immunity from civil liability.-- (A) In general.--A public charter school, and its incorporators, Board of Trustees, officers, employees, and volunteers, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission-- (i) constitutes gross negligence; (ii) constitutes an intentional tort; or (iii) is criminal in nature. (B) Common law immunity preserved.--Subparagraph (A) shall not be construed to abrogate any immunity under common law of a person described in such subparagraph. SEC. 2155. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL. (a) Board of Trustees.--The members of a Board of Trustees of a public charter school shall be elected or selected pursuant to the charter granted to the school. Such a board shall have an odd number of members that does not exceed 7, of which-- (1) a majority shall be residents of the District of Columbia; and (2) at least 2 shall be a parent of a student attending the school. (b) Eligibility.--An individual is eligible for election or selection to the Board of Trustees of a public charter school if the person-- (1) is a teacher or staff member who is employed at the school; (2) is a parent of a student attending the school; or (3) meets the selection or election criteria set forth in the charter granted to the school. (c) Election or Selection of Parents.--In the case of the first Board of Trustees of a public charter school to be elected or selected after the date on which the school is granted a charter, the election or selection of the members under subsection (a)(2) shall occur on the earliest practicable date after classes at the school have commenced. Until [[Page H 11709]] such date, any other members who have been elected or selected shall serve as an interim Board of Trustees. Such an interim board may exercise all of the powers, and shall be subject to all of the duties, of a Board of Trustees. (d) Fiduciaries.--The Board of Trustees of a public charter school shall be fiduciaries of the school and shall set overall policy for the school. The Board of Trustees may make final decisions on matters related to the operation of the school, consistent with the charter granted to the school, this title, and other applicable law. SEC. 2156. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL. (a) Open Enrollment.--Enrollment in a public charter school shall be open to all students who are residents of the District of Columbia and, if space is available, to nonresident students who meet the tuition requirement in subsection (e). (b) Criteria for Admission.--A public charter school may not limit enrollment on the basis of a student's intellectual or athletic ability, measures of achievement or aptitude, or a student's disability. A public charter school may limit enrollment to specific grade levels or areas of focus of the school, such as mathematics, science, or the arts, where such a limitation is consistent with the charter granted to the school. (c) Random Selection.--If there are more applications to enroll in a public charter school from students who are residents of the District of Columbia than there are spaces available, students shall be admitted using a random selection process. (d) Admission to an Existing School.--During the 5-year period beginning on the date that a petition, filed by an eligible applicant seeking to convert an existing public, private, or independent school into a public charter school, is approved, the school shall give priority in enrollment to-- (1) students enrolled in the school at the time that the petition is granted; (2) the siblings of students described in paragraph (1); and (3) in the case of the conversion of an existing public school, students who reside within the attendance boundaries, if any, in which the school is located. (e) Nonresident Students.--Nonresident students shall pay tuition to a public charter school at the current rate established for District of Columbia public schools administered by the Board of Education for the type of program in which the student has enrolled. (f) Student Withdrawal.--A student may withdraw from a public charter school at any time and, if otherwise eligible, enroll in a District of Columbia public school administered by the Board of Education. (g) Expulsion and Suspension.--The principal of a public charter school may expel or suspend a student from the school based on criteria set forth in the charter granted to the school. SEC. 2157. EMPLOYEES. (a) Extended Leave of Absence Without Pay.-- (1) Leave of absence from district of columbia public schools.--The Superintendent shall grant, upon request, an extended leave of absence, without pay, to an employee of the District of Columbia public schools for the purpose of permitting the employee to accept a position at a public charter school for a 2-year term. (2) Request for extension.--At the end of a 2-year term referred to in paragraph (1), an employee granted an extended leave of absence without pay under the paragraph may submit a request to the Superintendent for an extension of the leave of absence for an additional 2-year term. The Superintendent may not unreasonably withhold approval of the request. (3) Rights upon termination of leave.--An employee granted an extended leave of absence without pay for the purpose described in paragraph (1) shall have the same rights and benefits under law upon termination of such leave of absence as an employee of the District of Columbia public schools who is granted an extended leave of absence without pay for any other purpose. (b) Retirement System.-- (1) Creditable service.--An employee of a public charter school who has received a leave of absence under subsection (a) shall receive creditable service, as defined in section 2604 of D.C. Law 2-139, effective March 3, 1979, (D.C. Code, sec. 1-627.4) and the rules established under such section, for the period of the employee's employment at the public charter school. (2) Authority to establish separate system.--A public charter school may establish a retirement system for employees under its authority. (3) Election of retirement system.--A former employee of the District of Columbia public schools who become an employee of a public charter school within 60 after the date the employee's employment with the District of Columbia public schools is terminated may, at the time the employee commences employment with the public charter school, elect-- (A) to remain in a District of Columbia government retirement system and continue to receive creditable service for the period of their employment at a public charter school; or (B) to transfer into a retirement system established by the public charter school pursuant to paragraph (2) . (4) Prohibited employment conditions.--No public charter school may require a former employee of the District of Columbia public schools to transfer to the public charter school's retirement system as a condition of employment. (5) Contributions.-- (A) Employees electing not to transfer.--In the case of a former employee of the District of Columbia public schools who elects to remain in a District of Columbia government retirement system pursuant to paragraph (3)(A), the public charter school that employs the person shall make the same contribution to such system on behalf of the person as the District of Columbia would have been required to make if the person had continued to be an employee of the District of Columbia public schools. (B) Employees electing to transfer.--In the case of a former employee of the District of Columbia public schools who elects to transfer into a retirement system of a public charter school pursuant to paragraph (3)(B), the applicable District of Columbia government retirement system from which the former employee is transferring shall compute the employee's contribution to that system and transfer this amount, to the retirement system by the public charter school. (c) Employment Status.--Notwithstanding any other provision of law, an employee of a public charter school shall not be considered to be an employee of the District of Columbia government for any purpose. SEC. 2158. REDUCED FARES FOR PUBLIC TRANSPORTATION. A student attending a public charter school shall be eligible for reduced fares on the Metrobus and Metrorail Transit System on the same terms and conditions as are applicable under section 2 of D.C. Law 2-152, effective March 9, 1979, (D.C. Code, sec. 44-216 et seq.) to a student attending a District of Columbia public school. SEC. 2159. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO PUBLIC CHARTER SCHOOLS. The Superintendent may provide services such as facilities maintenance to public charter schools. All compensation for costs of such services shall be subject to negotiation and mutual agreement between a public charter school and the Superintendent. SEC. 2160. APPLICATION OF LAW. (a) Elementary and Secondary Education Act.-- (1) Treatment as local educational agency.--For any fiscal year, a public charter school shall be considered to be a local educational agency for purposes of part A of title I of the Elementary and Secondary Education Act of 1965, and shall be eligible for assistance under such part, if the percentage of pupils enrolled in the public charter school during the preceding fiscal year who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act is equal to or greater than the lowest such percentage for any District of Columbia public school that was selected to provide services under section 1113 of such Act for such preceding year. (2) Allocation for fiscal years 1996 through 1998.-- (A) Public charter schools.--For fiscal years 1996 through 1998, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the District of Columbia's total allocation under such part which bears the same ratio to such total allocation as the number described in subparagraph (C) bears to the number described in subparagraph (D). (B) District of columbia public schools.--For fiscal years 1996 through 1998, the District of Columbia public schools shall receive a portion of the District of Columbia's total allocation under part A of title I of the Elementary and Secondary Education Act of 1965 which bears the same ratio to such total allocation as the total of the numbers described in clauses (ii) and (iii) of paragraph (2)(D) bears to the aggregate total described in paragraph (2)(D). (C) Number of eligible pupils enrolled in the public charter school.--The number described in this subparagraph is the number of pupils enrolled in the public charter school during the preceding fiscal year who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (D) Aggregate number of eligible pupils.--The number described in this subparagraph is the aggregate total of the following numbers: (i) The number of pupils enrolled during the preceding fiscal year in all eligible public charter schools who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (ii) The number of pupils who, during the preceding fiscal year-- (I) were enrolled in a District of Columbia public school selected to provide services under section 1113 of the Elementary and Secondary Education Act of 1965; and (II) were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (iii) The number of pupils who, during the preceding fiscal year-- (I) were enrolled in a private or independent school; (II) were eligible for, and received, free or reduced price school lunches under the National School Lunch Act; and [[Page H 11710]] (III) resided in an attendance area of a District of Columbia public school selected to provide services under section 1113 of the Elementary and Secondary Education Act of 1965. (3) Allocation for fiscal year 1999 and thereafter.-- (A) Calculation by secretary.--Notwithstanding sections 1124(a)(2), 1124(c)(2), 1124A(a)(4), 1125(c)(2), and 1125(d) of the Elementary and Secondary Education Act of 1965, for fiscal year 1999 and fiscal years thereafter, the total allocation under part A of title I of such Act for all local educational agencies in the District of Columbia, including public charter schools that are eligible to receive assistance under such part, shall be calculated by the Secretary of Education. In making such calculation, such Secretary shall treat all such local educational agencies as if they were a single local educational agency for the District of Columbia. (B) Allocation.-- (i) Public charter schools.--For fiscal year 1999 and fiscal years thereafter, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the total allocation calculated under subparagraph (A) which bears the same ratio to such total allocation as the number described in paragraph (2)(C) bears to the number described in paragraph (2)(D). (ii) District of columbia public schools.--For fiscal year 1999 and fiscal years thereafter, the District of Columbia public schools shall receive a portion of the total allocation calculated under subparagraph (A) which bears the same ratio to such total allocation as the total of the numbers described in clauses (ii) and (iii) of paragraph (2)(D) bears to the aggregate total described in paragraph (2)(D). (4) Use of esea funds.--The Board of Education may not direct a public charter school in the charter school's use of funds under part A of title I of the Elementary and Secondary Education Act of 1965. (5) Inapplicability of certain esea provisions.--The following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school: (A) Paragraphs (5), (8), and (9) of section 1112(b). (B) Subsection 1112(c). (C) Section 1113. (D) Section 1115A. (E) Subsections (a), (b), and (c) of section 1116. (F) Subsections (a), (c), (d), (e), (f), and (g) of section 1118. (G) Section 1120. (H) Subsections (a) and (c) of section 1120A. (I) Section 1120B. (J) Section 1126. (b) Property and Sales Taxes.--A public charter school shall be exempt from District of Columbia property and sales taxes. SEC. 2161. POWERS AND DUTIES OF ELIGIBLE CHARTERING AUTHORITIES. (a) Oversight.-- (1) In general.--An eligible chartering authority-- (A) shall monitor the operations of each public charter school to which the authority has granted a charter; (B) shall ensure that each such school complies with applicable laws and the provisions of the charter granted to the school; and (C) shall monitor the progress of each such school in meeting student academic achievement expectations specified in the charter granted to the school. (2) Production of books and records.--An eligible chartering authority may require a public charter school to which the authority has granted a charter to produce any book, record, paper, or document, if the authority determines that such production is necessary for the authority to carry out its functions under this title. (b) Fees.-- (1) Application fee.--An eligible chartering authority may charge an eligible applicant a fee, not to exceed $150, for processing a petition to establish a public charter school. (2) Administration fee.--In the case of an eligible chartering authority that has granted a charter to an public charter school, the authority may charge the school a fee, not to exceed one-half of one percent of the annual budget of the school, to cover the cost of undertaking the ongoing administrative responsibilities of the authority with respect to the school that are described in this subtitle. The school shall pay the fee to the eligible chartering authority not later than November 15 of each year. (c) Immunity from Civil Liability.-- (1) In general.--An eligible chartering authority, a governing board of such an authority, and the directors, officers, employees, and volunteers of such an authority, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission-- (A) constitutes gross negligence; (B) constitutes an intentional tort; or (C) is criminal in nature. (2) Common law immunity preserved.--Paragraph (1) shall not be construed to abrogate any immunity under common law of a person described in such paragraph. SEC. 2162. CHARTER RENEWAL. (a) Term.--A charter granted to a public charter school shall remain in force for a 5-year period, but may be renewed for an unlimited number of 5-year periods. (b) Application for Charter Renewal.--In the case of a public charter school that desires to renew its charter, the Board of Trustees of the school shall file an application to renew the charter with the eligible chartering authority that granted the charter not later than 120 days before the expiration of the charter. The application shall contain the following: (1) A report on the progress of the public charter school in achieving the goals, student academic achievement expectations, and other terms of the approved charter. (2) All audited financial statements for the public charter school for the preceding 4 years. (c) Approval of Charter Renewal Application.--The eligible chartering authority that granted a charter shall approve an application to renew the charter that is filed inaccordance with subsection (b) unless the authority determines that-- (1) the school committed a material violation of the conditions, terms, standards, or procedures set forth in the charter; or (2) the school failed to meet the goals and student academic achievement expectations set forth in the charter. (d) Procedures for Consideration of Charter Renewal.-- (1) Notice of right to hearing.--An eligible chartering authority that has received an application to renew a charter that is filed by a Board of Trustees in accordance with subsection (b) shall provide to the Board written notice of the right to an informal hearing on the application. The eligible chartering authority shall provide the notice not later than 15 days after the date on which the authority received the application. (2) Request for hearing.--Not later than 15 days after the date on which a Board of Trustees receives a notice under paragraph (1), the Board may request, in writing, an informal hearing on the application before the eligible chartering authority. (3) Date and time of hearing.-- (A) Notice.--Upon receiving a timely written request for a hearing under paragraph (2), an eligible chartering authority shall set a date and time for the hearing and shall provide reasonable notice of the date and time, as well as the procedures to be followed at the hearing, to the Board. (B) Deadline.--An informal hearing under this subsection shall take place not later than 30 days after an eligible chartering authority receives a timely written request for the hearing under paragraph (2). (4) Final decision.-- (A) Deadline.--An eligible chartering authority shall render a final decision, in writing, on an application to renew a charter-- (i) not later than 30 days after the date on which the authority provided the written notice of the right to a hearing, in the case of an application with respect to which such a hearing is not held; and (ii) not later than 30 days after the date on which the hearing is concluded, in the case of an application with respect to which a hearing is held. (B) Reasons for nonrenewal.--An eligible chartering authority that denies an application to renew a charter shall state in its decision, in reasonable detail, the grounds for the denial. (5) Alternatives upon nonrenewal.--An eligible chartering authority that denies an application to renew a charter granted to a public charter school, or whose decision approving such an application is reversed under section 2162(e), may--

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DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996
(House of Representatives - November 02, 1995)

Text of this article available as: TXT PDF [Pages H11704-H11735] DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996 The SPEAKER pro tempore. Pursuant to House Resolution 252 and rule XXIII, the Chair declares the House in the Committee of the Whole House on the State of the Union for the further consideration of the bill H.R. 2546. {time} 1257 in the committee of the whole Accordingly the House resolved itself into the Committee of the Whole House on the State of the Union for the further consideration of the bill (H.R. 2546) making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1996, and for other purposes, with Mr. Hastings of Washington in the chair. [[Page H 11705]] The Clerk read the title of the bill. The CHAIRMAN. When the Committee of the Whole House met on Wednesday, November 1, 1995, an amendment offered by the gentleman from Indiana [Mr. Hostettler] had been disposed of and the bill had been read through page 58 line 4. Are there further amendments to the bill? Mr. GUNDERSON. Mr. Chairman, I move to strike the last word. (Mr. GUNDERSON asked and was given permission to revise and extend his remarks.) Mr. GUNDERSON. Mr. Chairman, I took this time, because of the limited debate time and the request for so many Members to speak, as a way of saying a couple of things that I think are important. For those who were not paying attention yesterday, I want to begin by extending again my personal thanks to the gentleman from New York [Mr. Walsh], the gentlewoman from the District of Columbia [Ms. Norton], and the gentleman from California [Mr. Dixon], for all the cooperation between them and their staff, and the gentleman from Virginia [Mr. Davis], as well, from the District of Columbia Committee, and certainly the gentleman from Pennsylvania [Mr. Goodling], and all my colleagues on the Committee on Economic and Educational Opportunities, the gentleman from North Carolina [Mr. Ballenger], and others, for all of their work in this effort to try to bring about a consensus on this issue. {time} 1300 As many of my colleagues are aware, the Washington Post today said in their editorial, ``This is an education vote that counts,'' encouraging every Member on both sides of the aisle to vote ``yes'' on the District of Columbia school reform amendment that I am about to call up. Mr. Chairman, the reason I wanted to ask for special time, however, is because I think it is important that we deal head on with what is the misunderstanding by so many Members about this voucher issue. When this process began we had obviously the education reform movement in this country that said, ``You are not going to give new money to D.C., you are not going to give them more opportunities to expand education funding, unless you get some real reforms.'' On the other side we had the public education community that said very clearly, ``We are not about to support a package that creates a tool for taking public education dollars to fund private education initiatives.'' Mr. Chairman, I thought, frankly, they were both fair. So, we have very carefully, very methodically, over a long period of time, negotiated out what is the best possible compromise we can achieve on this issue. Under a private school voucher program, if a student leaves a public school to attend a private school, their per capita funding goes with them. Money leaves that public school and goes into that private school. Mr. Chairman, I can tell my Democratic friends, I have never once voted for a private school voucher program during my tenure in Congress. I am as opposed to that as my Democrat colleagues are. This bill does not, does not, does not include a private school voucher. It is very important that Members understand that. In exchange for that, what we have done is we have said we will set up a scholarship program for District of Columbia students. We will provide some start-up money at the Federal level, whatever the appropriations process down the line will bear. And let us be honest, based on the present circumstances, it is not going to be a lot, but whatever that will bear. We will then allow the scholarship board, made up of seven District of Columbia residents, again, I underline seven District of Columbia residents, to go out and raise private contributions. Whatever those two sources of revenue produce can be used in an equal number of public school scholarships and private school scholarships. Mr. Chairman, I think it is very important as we begin this process to understand if 100 students were to leave the District of Columbia public schools and to go to private schools, not one dime would leave the District of Columbia public school system. Not one dime would leave the public school system. We are not taking money from public schools to put it into private schools. This is a carefully crafted compromise. We cannot authorize $20 million in new education initiatives, leveraging probably twice that much in private resources to repair the buildings and equip the schools with technology equipment, without working out some kind of compromise on the reform issues. Mr. Chairman, this is as good a compromise as we can get. My colleagues' vote today will decide whether we have District of Columbia school reform, because we cannot work out an agreement that does not have this kind of a carefully crafted balance and get support on both sides of the aisle. Mr. DIXON. Mr. Chairman, I move to strike the last word. Mr. Chairman, the gentleman from Wisconsin [Mr. Gunderson] is absolutely correct. The time is very limited and so I would just like to take this opportunity to register my opposition, for I have a great number of speakers. Mr. Chairman, regarding the amendment that the gentleman from Wisconsin is about to present, the gentleman should be congratulated on the fact that he has tried to reach a consensus. The gentleman has worked with a lot of people. Unfortunately, in my view, the gentleman has not reached a consensus. Mr. Chairman, there are at least 20 organizations, including the Secretary of Education, the American Association of School Administrators, the Americans United for Separation of Church and State, that are all opposed to this. This is a 142-page amendment. It authorizes $100 million. It does not appropriate one dime. It belongs in the Committee on Economic and Educational Opportunities. There is great philosophical discord about this amendment. Mr. Chairman, $42 million could possibly go to private schools, and the bill is silent on whether those could be religious schools. I am not clear if they would have to be in the jurisdiction of the District or could be outside the District. Basically, this is public money, some $5 million over a 5-year period, public funds going to private schools. Mr. Chairman, I would oppose the amendment that the gentleman is about to offer. Amendment Offered by Mr. GUNDERSON Mr. GUNDERSON. Mr. Chairman, I offer an amendment, made in order by the rule. The CHAIRMAN (Mr. Hastings of Washington). The Clerk will designate the amendment. The text of the amendment is as follows: Amendment offered by Mr. Gunderson: At the end of the bill, add the following: TITLE II--DISTRICT OF COLUMBIA SCHOOL REFORM SEC. 2001. SHORT TITLE. This title may be cited as the ``District of Columbia School Reform Act of 1995''. SEC. 2002. DEFINITIONS. Except as otherwise provided, for purposes of this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate; (B) the Committee on Economic and Educational Opportunities of the House of Representatives and the Committee on Labor and Human Resources of the Senate; and (C) the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate. (2) Authority.--The term ``Authority'' means the District of Columbia Financial Responsibility and Management Assistance Authority established under section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (3) Average daily attendance.--The term ``average daily attendance'', when used with respect to a school and a period of time, means the aggregate attendance of the school during the period divided by the number of days during the period on which-- (A) the school is in session; and (B) the pupils of the school are under the guidance and direction of teachers. (4) Average daily membership.-- (A) Individual school.--The term ``average daily membership'', when used with respect to a school and a period of time, means the aggregate enrollment of the school during the period divided by the number of days during the period on which-- (i) the school is in session; and (ii) the pupils of the school are under the guidance and direction of teachers. [[Page H 11706]] (B) Groups of schools.--The term ``average daily membership'', when used with respect to a group of schools and a period of time, means the average of the average daily memberships during the period of the individual schools that constitute the group. (5) Board of education.--The term ``Board of Education'' means the Board of Education of the District of Columbia. (6) Board of trustees.--The term ``Board of Trustees'' means the governing board of a public charter school, the members of which board have been selected pursuant to the charter granted to the school and in a manner consistent with this title. (7) Control period.--The term ``control period'' means a period of time described in section 209 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (8) Core curriculum.--The term ``core curriculum'' means the concepts, factual knowledge, and skills that students in the District of Columbia should learn in kindergarten through 12th grade in academic content areas, including, at a minimum, English, mathematics, science, and history. (9) District of columbia council.--The term ``District of Columbia Council'' means the Council of the District of Columbia established pursuant to section 401 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 1-221). (10) District of columbia government.-- (A) In general.--The term ``District of Columbia government'' means the government of the District of Columbia, including-- (i) any department, agency, or instrumentality of the government of the District of Columbia; (ii) any independent agency of the District of Columbia established under part F of title IV of the District of Columbia Self-Government and Governmental Reorganization Act; (iii) any other agency, board, or commission established by the Mayor or the District of Columbia Council; (iv) the courts of the District of Columbia; (v) the District of Columbia Council; and (vi) any other agency, public authority, or public benefit corporation that has the authority to receive monies directly or indirectly from the District of Columbia (other than monies received from the sale of goods, the provision of services, or the loaning of funds to the District of Columbia). (B) Exceptions.--The term ``District of Columbia government'' does not include the following: (i) The Authority. (ii) A public charter school. (11) District of columbia government retirement system.-- The term ``District of Columbia government retirement system'' means the retirement programs authorized by the District of Columbia Council or the Congress for employees of the District of Columbia government. (12) District of columbia public school.-- (A) In general.--The term ``District of Columbia public school'' means a public school in the District of Columbia that offers classes-- (i) at any of the grade levels from prekindergarten through the 12th grade; or (ii) leading to a general education diploma. (B) Exception.--The term does not include a public charter school. (13) District of columbia public schools.--The term ``District of Columbia public schools'' means all schools that are District of Columbia public schools. (14) District-wide assessments.--The term ``district-wide assessments'' means reliable and unbiased student assessments administered by the Superintendent to students enrolled in District of Columbia public schools and public charter schools. (15) Eligible applicant.--The term ``eligible applicant'' means a person, including a private, public, or quasi-public entity and an institution of higher education (as defined in section 481 of the Higher Education Act of 1965), who seeks to establish a public charter school. (16) Eligible chartering authority.--The term ``eligible chartering authority'' means any of the following: (A) The Board of Education. (B) Any of the following public or federally-chartered universities: (i) Howard University. (ii) Gallaudet University. (iii) American University. (iv) George Washington University. (v) The University of the District of Columbia. (C) Any other entity designated by enactment of a bill as an eligible chartering authority by the District of Columbia Council after the date of the enactment of this Act. (17) Facilities management.--The term ``facilities management'' means the administration, construction, renovation, repair, maintenance, remodeling, improvement, or other oversight, of a building or real property of a District of Columbia public school. The term does not include the performance of any such act with respect to real property owned by a public charter school. (18) Family resource center.--The term ``family resource center'' means an information desk-- (A) located at a school with a majority of students whose family income is not greater than 185 percent of the poverty guidelines updated annually in the Federal Register by the Department of Health and Human Services under authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981; and (B) which links students and families to local resources and public and private entities involved in child care, adult education, health and social services, tutoring, mentoring, and job training. (19) Long-term reform plan.--The term ``long-term reform plan'' means the plan submitted by the Superintendent under section 2101. (20) Mayor.--The term ``Mayor'' means the Mayor of the District of Columbia. (21) Metrobus and metrorail transit system.--The term ``Metrobus and Metrorail Transit System'' means the bus and rail systems administered by the Washington Metropolitan Area Transit Authority. (22) Minor student.--The term ``minor student'' means an individual who-- (A) is enrolled in a District of Columbia public schools or a public charter school; and (B) is not beyond the age of compulsory school attendance, as prescribed in section 1 of article I, and section 1 of article II, of the Act of February 4, 1925 (sections 31-401 and 31-402, D.C. Code). (23) Nonresident student.--The term ``nonresident student'' means-- (A) an individual under the age of 18 who is enrolled in a District of Columbia public school or a public charter school, and does not have a parent residing in the District of Columbia; or (B) an individual who is age 18 or older and is enrolled in a District of Columbia public school or public charter school, and does not reside in the District of Columbia. (24) Panel.--The term ``Panel'' means the World Class Schools Panel established under subtitle D. (25) Parent.--The term ``parent'' means a person who has custody of a child enrolled in a District of Columbia public school or a public charter school, and who-- (A) is a natural parent of the child; (B) is a stepparent of the child; (C) has adopted the child; or (D) is appointed as a guardian for the child by a court of competent jurisdiction. (26) Petition.--The term ``petition'' means a written application, submitted by an eligible applicant to an eligible chartering authority, to establish a public charter school. (27) Promotion gate.--The term ``promotion gate'' means the criteria, developed by the Superintendent and approved by the Board of Education, that are used to determine student promotion at different grade levels. Such criteria shall include achievement on district-wide assessments that, to the greatest extent practicable, measure student achievement of the core curriculum. (28) Public charter school.--The term ``public charter school'' means a publicly funded school in the District of Columbia that is established pursuant to subtitle B. A public charter school is not a part of the District of Columbia public schools. (29) School.--The term ``school'' means-- (A) a public charter school; or (B) any other day or residential school that provides elementary or secondary education, as determined under State or District of Columbia law. (30) Student with special needs.--The term ``student with special needs'' has the meaning given such term by the Mayor and the District of Columbia Council under section 2301. (31) Superintendent.--The term ``Superintendent'' means the Superintendent of the District of Columbia public schools. (32) Teacher.--The term ``teacher'' means any person employed as a teacher by the Board of Education or by a public charter school. Subtitle A--District of Columbia Reform Plan SEC. 2101. LONG-TERM REFORM PLAN. (a) In General.-- (1) Plan.--The Superintendent, with the approval of the Board of Education, shall submit to the appropriate congressional committees, the Mayor, the District of Columbia Council, and the Authority a long-term reform plan, not later than February 1, 1996. The plan shall be consistent with the financial plan and budget for the District of Columbia for fiscal year 1996 required under section 201 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (2) Consultation.-- (A) In general.--In developing the long-term reform plan, the Superintendent-- (i) shall consult with the Board of Education, Mayor, and District of Columbia Council, and, in a control period, with the Authority; and (ii) shall afford the public, interested organizations, and groups an opportunity to present their views and make recommendations regarding the long-term reform plan. (B) Summary of recommendations.--The Superintendent shall include in the long-term plan a summary of the recommendations made under subparagraph (A)(ii) and the response of the Superintendent to these recommendations. (b) Contents.-- (1) Areas to be addressed.--The long-term plan shall describe how the District of Columbia public schools will become a world-class education system which prepares students for life-time learning in the 21st century and which is on a par with the best education systems of other nations. The plan shall include a description of how the District of Columbia public schools will accomplish the following: (A) Achievement at nationally- and internationally- competitive levels by students attending District of Columbia public schools. [[Page H 11707]] (B) The creation of a performance-oriented workforce. (C) The construction and repair of District of Columbia public school facilities. (D) Local school governance, decentralization, autonomy, and parental choice among District of Columbia public schools; and (E) The implementation of an efficient and effective adult literacy program. (2) Other information.--For each of the items in subparagraphs (A) through (G) of paragraph (1), the long-term plan shall include-- (A) a statement of measurable, objective performance goals; (B) a description of the measures of performance to be used in determining whether the Superintendent and Board of Education have met the goals; (C) dates by which the goals must be met; (D) plans for monitoring and reporting progress to District of Columbia residents, the appropriate congressional committees, the Mayor, the District of Columbia Council, and the Authority; and (E) the title of the management employee of the District of Columbia public schools most directly responsible for the achievement of each goal and, with respect to each such employee, the title of the employee's immediate supervisor or superior. (c) Amendments.--The Superintendent, with the approval of the Board of Education, shall submit any amendment to the long-term plan to the appropriate congressional committees. Any amendment to the long-term plan shall be consistent with the financial plan and budget for fiscal year 1996 for the District of Columbia required under section 201 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). Subtitle B--Public Charter Schools SEC. 2151. PROCESS FOR FILING CHARTER PETITIONS. (a) Existing Public School.--An eligible applicant seeking to convert an existing District of Columbia public school into a public charter school-- (1) shall prepare a petition to establish a public charter school that meets the requirements of section 2152; (2) shall provide a copy of the petition to-- (A) the parents of minor students attending the existing school; (B) adult students attending the existing school; and (C) employees of the existing school; (3) shall file the petition with an eligible chartering authority for approval after the petition-- (A) has been signed by a majority of the total number of-- (i) parents of minor students attending the school; and (ii) adult students attending the school; and (B) has been endorsed by at least a majority of full-time teachers at the school; and (4) shall explain in the petition the relationship that will exist between the public charter school and its employees. (b) Independent or Private School.--An eligible applicant seeking to convert an existing independent or private school in the District of Columbia into a public charter school-- (1) shall prepare a petition to establish a public charter school that meets the requirements of section 2152; (2) shall provide a copy of the petition to-- (A) the parents of minor students attending the existing school; (B) adult students attending the existing school; and (C) employees of the existing school; (3) shall file the petition with an eligible chartering authority for approval after the petition-- (A) has been signed by a majority of the total number of-- (i) parents of minor students attending the school; and (ii) adult students attending the school; and (B) has been endorsed by at least a majority of full-time teachers at the school; and (4) shall explain in the petition the relationship that will exist between the public charter school and its employees. (c) New School.--An eligible applicant seeking to establish in the District of Columbia a public charter school, but not seeking to convert an existing public, private, or independent school into a public charter school, shall file with an eligible chartering authority for approval a petition to establish a public charter school that meets the requirements of section 2152. SEC. 2152. CONTENTS OF PETITION. A petition to establish a public charter school shall include the following: (1) A statement defining the mission and goals of the proposed school. (2) A statement of the need for the proposed school in the geographic area of the school site. (3) A description of the proposed instructional goals and methods for the school, which includes, at a minimum-- (A) the methods that will be used to provide students with the knowledge, proficiency, and skills needed-- (i) to become nationally and internationally competitive students and educated individuals in the 21st century; and (ii) to perform competitively on any districtwide assessments; and (B) the methods that will be used to improve student self- motivation, classroom instruction, and learning for all students. (4) A description of the plan for evaluating student academic achievement of the proposed school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below the expectations of the school. (5) An operating budget for the first 2 years of the proposed school that is based on anticipated enrollment and contains-- (A) a description of the method for conducting annual audits of the financial, administrative, and programmatic operations of the school; (B) either-- (i) an identification of the site where the school will be located, including a description of any buildings on the site and any buildings proposed to be constructed on the site; or (ii) a timetable by which a such an identification will be made; (C) a description of any major contracts planned, with a value equal to or exceeding $10,000, for equipment and services, leases, improvements, purchases of real property, or insurance; and (D) a timetable for commencing operations as a public charter school. (6) A description of the proposed rules and policies for governance and operation of the school. (7) Copies of the proposed articles of incorporation and bylaws of the school. (8) The names and addresses of the members of the proposed Board of Trustees. (9) A description of the student enrollment, admission, suspension, and expulsion policies and procedures of the proposed school, and the criteria for making decisions in such areas. (10) A description of the procedures the school plans to follow to ensure the health and safety of students, employees, and guests of the school and to comply with applicable health and safety laws and regulations of the Federal Government and the District of Columbia. (11) An explanation of the qualifications that will be required of employees of the proposed school. (12) An identification, and a description, of the individuals and entities submitting the application, including their names and addresses, and the names of the organizations or corporations of which such individuals are directors or officers. SEC. 2153. PROCESS FOR APPROVING OR DENYING CHARTER PETITIONS. (a) Schedule.--An eligible chartering authority may establish a schedule for receiving petitions to establish a public charter school and shall publish any such schedule in the District of Columbia Register. An eligible chartering authority shall make a copy of any such schedule available to all interested persons upon request. (b) Public Hearing.--Not later than 45 days after a petition to establish a public charter school is filed with an eligible chartering authority, the authority shall hold a public hearing on the petition to gather the information that is necessary for the authority to make the decision to approve or deny the petition. (c) Notice.--Not later than 10 days prior to the scheduled date of a public hearing on a petition to establish a public charter school, an eligible chartering authority-- (1) shall publish a notice of the hearing in the District of Columbia Register; and (2) shall send a written notification of the hearing date to the eligible applicant who filed the petition. (d) Approval or Denial.--Subject to subsection (i), an eligible chartering authority shall approve a petition to establish a public charter school, if-- (1) the authority determines that the petition satisfies the requirements of this subtitle; and (2) the eligible applicant who filed the petition agrees to satisfy any condition or requirement, consistent with this title and other applicable law, that is set forth in writing by the eligible chartering authority as an amendment to the petition. (e) Timetable.--An eligible chartering authority shall approve or deny a petition to establish a public charter school not later than 45 days after the conclusion of the public hearing on the petition. (f) Extension.--An eligible chartering authority and an eligible applicant may agree to extend the 45-day time period referred to in subsection (e) by a period that does not exceed 30 days. (g) Explanation.--If an eligible chartering authority denies a petition or finds it to be incomplete, the authority shall specify in writing the reasons for its decision and indicate, when appropriate, how the eligible applicant who filed the petition may revise the petition to satisfy the requirements for approval. (h) Approved Petition.-- (1) Notice.--Not later than 10 days after an eligible chartering authority approves a petition to establish a public charter school, the authority shall provide a written notice of the approval, including a copy of the approved petition and any conditions or requirements agreed to under subsection (d)(2), to the eligible applicant and to the Chief Financial Officer of the District of Columbia. The eligible chartering authority shall publish a notice of the approval of the petition in the District of Columbia Register. (2) Charter.--The provisions of a petition to establish a public charter school that has been approved by an eligible chartering authority, together with any amendments to [[Page H 11708]] the petition containing conditions or requirements agreed to by the eligible applicant under subsection (d)(2), shall be considered a charter granted to the school by the authority. (i) Special Rules for First Year.--During the one-year period beginning on the date of the enactment of this Act, each eligible chartering authority-- (1) may approve not more than one petition filed by an eligible applicant seeking to convert an existing independent or private school into a public charter school; and (2) in considering a petition to establish a public charter school filed by any eligible applicant, shall consider whether the school will focus on students with special needs. (j) Exclusive Authority of Chartering Authority.-- Notwithstanding any other Federal law or law of the District of Columbia, no governmental entity, elected official, or employee of the District of Columbia may make, participate in making, or intervene in the making of, the decision to approve or deny a petition to establish a public charter school, except the eligible chartering authority with which the petition was filed. SEC. 2154. DUTIES AND POWERS OF, AND OTHER REQUIREMENTS ON, PUBLIC CHARTER SCHOOLS. (a) Duties.--A public charter school shall comply with-- (1) this subtitle; (2) any other provision of law applicable to the school; and (3) all of the terms and provisions of its charter. (b) Powers.--A public charter school shall have all of the powers necessary for carrying out its charter, including the following powers: (1) To adopt a name and corporate seal, but only if the name selected includes the words ``public charter school''. (2) To acquire real property for use as its school facilities, from public or private sources. (3) To receive and disburse funds for school purposes. (4) Subject to subsection (c)(1), to secure appropriate insurance and to make contracts and leases, including agreements to procure or purchase services, equipment, and supplies. (5) To incur debt in reasonable anticipation of the receipt of funds from the general fund of the District of Columbia or the receipt of other Federal or private funds. (6) To solicit and accept any grants or gifts for school purposes, if the school-- (A) does not accept any grants or gifts subject to any condition contrary to law or contrary to the terms of the petition to establish the school as a public charter school; and (B) maintains separate accounts for grants or gifts for financial reporting purposes. (7) To be responsible for its own operation, including preparation of a budget and personnel matters. (8) To sue and be sued in its own name. (c) Prohibitions and Other Requirements.-- (1) Contracting authority.-- (A) Notice requirement.--Except in the case of an emergency, with respect to any contract proposed to be awarded by a public charter school and having a value equal to or exceeding $10,000, the school shall publish a notice of a request for proposals in the District of Columbia Register not less than 30 days prior to the award of the contract. (B) Submission to authority.-- (i) Deadline for submission.--With respect to any contract described in subparagraph (A) that is awarded by a public charter school, the school shall submit to the Authority, not later than 3 days after the date on which the award is made, all bids for the contract received by the school, the name of the contractor who is awarded the contract, and the rationale for the award of the contract. (ii) Effective date of contract.-- (I) In general.--Subject to subclause (II), a contract described in subparagraph (A) shall become effective on the date that is 15 days after the date the school makes the submission under clause (i) with respect to the contract, or the effective date specified in the contract, whichever is later. (II) Exception.--A contract described in subparagraph (A) shall be considered null and void if the Authority determines, within 12 days of the date the school makes the submission under clause (i) with respect to the contract, that the contract endangers the economic viability of the public charter school. (2) Tuition.--A public charter school may not charge tuition, fees, or other mandatory payments, except to nonresident students. (3) Control.--A public charter school-- (A) shall exercise exclusive control over its expenditures, administration, personnel, and instructional methods, within the limitations imposed in this title; and (B) shall be exempt from statutes, policies, rules, and regulations governing District of Columbia public schools established by the Superintendent, Board of Education, Mayor, District of Columbia Council, or Authority, except as otherwise provided in this title or in the charter granted to the school. (4) Audits.--A public charter school shall be subject to the same financial audits, audit procedures, and fiduciary requirements as a District of Columbia public school. (5) Governance.--A public charter school shall be governed by a Board of Trustees in a manner consistent with the charter granted to the school, the provisions of this title, and any other law applicable to the school. (6) Other staff.--No employee of the District of Columbia public schools may be required to accept employment with, or be assigned to, a public charter school. (7) Other students.--No student enrolled in a District of Columbia public school may be required to attend a public charter school. (8) Taxes or bonds.--A public charter school shall not levy taxes or issue bonds. (9) Charter revision.--A public charter school seeking to revise its charter shall prepare a petition for approval of the revision and file it with the eligible chartering authority that granted the charter. The provisions of section 2153 shall apply to such a petition in the same manner as such provisions apply to a petition to establish a public charter school. (10) Annual report.-- (A) In general.--A public charter school shall submit an annual report to the eligible chartering authority that approved its charter and to the Authority. The school shall permit a member of the public to review any such report upon request. (B) Contents.--A report submitted under subparagraph (A) shall include the following data: (i) Student performance on any district-wide assessments. (ii) Grade advancement for students enrolled in the public charter school. (iii) Graduation rates, college admission test scores, and college admission rates, if applicable. (iv) Types and amounts of parental involvement. (v) Official student enrollment. (vi) Average daily attendance. (vii) Average daily membership. (viii) A financial statement audited by an independent certified public accountant. (ix) A list of all donors and grantors that have contributed monetary or in-kind donations having a value equal or exceeding $500 during the year that is the subject of the report. (C) Nonidentifying data.--Data described in subparagraph (B) that are included in an annual report may not identify the individuals to whom the data pertain. (11) Student enrollment report.--A public charter school shall report to the Mayor and the District of Columbia Council annual student enrollment on a grade-by-grade basis, including students with special needs, in a manner and form that permits the Mayor and the District of Columbia Council to comply with subtitle E. (12) Census.--A public charter school shall provide to the Board of Education student enrollment data necessary for the Board to comply with section 3 of article II of the Act of February 4, 1925 (D.C. Code, sec. 31-404) (relating to census of minors). (13) Complaint resolution process.--A public charter school shall establish an informal complaint resolution process. (14) Program of education.--A public charter school shall provide a program of education which shall include one or more of the following: (A) Pre-school. (B) Pre-kindergarten. (C) Any grade or grades from kindergarten through 12th grade. (D) Adult community, continuing, and vocational education programs. (15) Nonsectarian nature of schools.--A public charter school shall be nonsectarian. (16) Nonprofit status of school.--A public charter school shall be organized under the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et seq.). (17) Immunity from civil liability.-- (A) In general.--A public charter school, and its incorporators, Board of Trustees, officers, employees, and volunteers, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission-- (i) constitutes gross negligence; (ii) constitutes an intentional tort; or (iii) is criminal in nature. (B) Common law immunity preserved.--Subparagraph (A) shall not be construed to abrogate any immunity under common law of a person described in such subparagraph. SEC. 2155. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL. (a) Board of Trustees.--The members of a Board of Trustees of a public charter school shall be elected or selected pursuant to the charter granted to the school. Such a board shall have an odd number of members that does not exceed 7, of which-- (1) a majority shall be residents of the District of Columbia; and (2) at least 2 shall be a parent of a student attending the school. (b) Eligibility.--An individual is eligible for election or selection to the Board of Trustees of a public charter school if the person-- (1) is a teacher or staff member who is employed at the school; (2) is a parent of a student attending the school; or (3) meets the selection or election criteria set forth in the charter granted to the school. (c) Election or Selection of Parents.--In the case of the first Board of Trustees of a public charter school to be elected or selected after the date on which the school is granted a charter, the election or selection of the members under subsection (a)(2) shall occur on the earliest practicable date after classes at the school have commenced. Until [[Page H 11709]] such date, any other members who have been elected or selected shall serve as an interim Board of Trustees. Such an interim board may exercise all of the powers, and shall be subject to all of the duties, of a Board of Trustees. (d) Fiduciaries.--The Board of Trustees of a public charter school shall be fiduciaries of the school and shall set overall policy for the school. The Board of Trustees may make final decisions on matters related to the operation of the school, consistent with the charter granted to the school, this title, and other applicable law. SEC. 2156. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL. (a) Open Enrollment.--Enrollment in a public charter school shall be open to all students who are residents of the District of Columbia and, if space is available, to nonresident students who meet the tuition requirement in subsection (e). (b) Criteria for Admission.--A public charter school may not limit enrollment on the basis of a student's intellectual or athletic ability, measures of achievement or aptitude, or a student's disability. A public charter school may limit enrollment to specific grade levels or areas of focus of the school, such as mathematics, science, or the arts, where such a limitation is consistent with the charter granted to the school. (c) Random Selection.--If there are more applications to enroll in a public charter school from students who are residents of the District of Columbia than there are spaces available, students shall be admitted using a random selection process. (d) Admission to an Existing School.--During the 5-year period beginning on the date that a petition, filed by an eligible applicant seeking to convert an existing public, private, or independent school into a public charter school, is approved, the school shall give priority in enrollment to-- (1) students enrolled in the school at the time that the petition is granted; (2) the siblings of students described in paragraph (1); and (3) in the case of the conversion of an existing public school, students who reside within the attendance boundaries, if any, in which the school is located. (e) Nonresident Students.--Nonresident students shall pay tuition to a public charter school at the current rate established for District of Columbia public schools administered by the Board of Education for the type of program in which the student has enrolled. (f) Student Withdrawal.--A student may withdraw from a public charter school at any time and, if otherwise eligible, enroll in a District of Columbia public school administered by the Board of Education. (g) Expulsion and Suspension.--The principal of a public charter school may expel or suspend a student from the school based on criteria set forth in the charter granted to the school. SEC. 2157. EMPLOYEES. (a) Extended Leave of Absence Without Pay.-- (1) Leave of absence from district of columbia public schools.--The Superintendent shall grant, upon request, an extended leave of absence, without pay, to an employee of the District of Columbia public schools for the purpose of permitting the employee to accept a position at a public charter school for a 2-year term. (2) Request for extension.--At the end of a 2-year term referred to in paragraph (1), an employee granted an extended leave of absence without pay under the paragraph may submit a request to the Superintendent for an extension of the leave of absence for an additional 2-year term. The Superintendent may not unreasonably withhold approval of the request. (3) Rights upon termination of leave.--An employee granted an extended leave of absence without pay for the purpose described in paragraph (1) shall have the same rights and benefits under law upon termination of such leave of absence as an employee of the District of Columbia public schools who is granted an extended leave of absence without pay for any other purpose. (b) Retirement System.-- (1) Creditable service.--An employee of a public charter school who has received a leave of absence under subsection (a) shall receive creditable service, as defined in section 2604 of D.C. Law 2-139, effective March 3, 1979, (D.C. Code, sec. 1-627.4) and the rules established under such section, for the period of the employee's employment at the public charter school. (2) Authority to establish separate system.--A public charter school may establish a retirement system for employees under its authority. (3) Election of retirement system.--A former employee of the District of Columbia public schools who become an employee of a public charter school within 60 after the date the employee's employment with the District of Columbia public schools is terminated may, at the time the employee commences employment with the public charter school, elect-- (A) to remain in a District of Columbia government retirement system and continue to receive creditable service for the period of their employment at a public charter school; or (B) to transfer into a retirement system established by the public charter school pursuant to paragraph (2) . (4) Prohibited employment conditions.--No public charter school may require a former employee of the District of Columbia public schools to transfer to the public charter school's retirement system as a condition of employment. (5) Contributions.-- (A) Employees electing not to transfer.--In the case of a former employee of the District of Columbia public schools who elects to remain in a District of Columbia government retirement system pursuant to paragraph (3)(A), the public charter school that employs the person shall make the same contribution to such system on behalf of the person as the District of Columbia would have been required to make if the person had continued to be an employee of the District of Columbia public schools. (B) Employees electing to transfer.--In the case of a former employee of the District of Columbia public schools who elects to transfer into a retirement system of a public charter school pursuant to paragraph (3)(B), the applicable District of Columbia government retirement system from which the former employee is transferring shall compute the employee's contribution to that system and transfer this amount, to the retirement system by the public charter school. (c) Employment Status.--Notwithstanding any other provision of law, an employee of a public charter school shall not be considered to be an employee of the District of Columbia government for any purpose. SEC. 2158. REDUCED FARES FOR PUBLIC TRANSPORTATION. A student attending a public charter school shall be eligible for reduced fares on the Metrobus and Metrorail Transit System on the same terms and conditions as are applicable under section 2 of D.C. Law 2-152, effective March 9, 1979, (D.C. Code, sec. 44-216 et seq.) to a student attending a District of Columbia public school. SEC. 2159. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO PUBLIC CHARTER SCHOOLS. The Superintendent may provide services such as facilities maintenance to public charter schools. All compensation for costs of such services shall be subject to negotiation and mutual agreement between a public charter school and the Superintendent. SEC. 2160. APPLICATION OF LAW. (a) Elementary and Secondary Education Act.-- (1) Treatment as local educational agency.--For any fiscal year, a public charter school shall be considered to be a local educational agency for purposes of part A of title I of the Elementary and Secondary Education Act of 1965, and shall be eligible for assistance under such part, if the percentage of pupils enrolled in the public charter school during the preceding fiscal year who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act is equal to or greater than the lowest such percentage for any District of Columbia public school that was selected to provide services under section 1113 of such Act for such preceding year. (2) Allocation for fiscal years 1996 through 1998.-- (A) Public charter schools.--For fiscal years 1996 through 1998, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the District of Columbia's total allocation under such part which bears the same ratio to such total allocation as the number described in subparagraph (C) bears to the number described in subparagraph (D). (B) District of columbia public schools.--For fiscal years 1996 through 1998, the District of Columbia public schools shall receive a portion of the District of Columbia's total allocation under part A of title I of the Elementary and Secondary Education Act of 1965 which bears the same ratio to such total allocation as the total of the numbers described in clauses (ii) and (iii) of paragraph (2)(D) bears to the aggregate total described in paragraph (2)(D). (C) Number of eligible pupils enrolled in the public charter school.--The number described in this subparagraph is the number of pupils enrolled in the public charter school during the preceding fiscal year who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (D) Aggregate number of eligible pupils.--The number described in this subparagraph is the aggregate total of the following numbers: (i) The number of pupils enrolled during the preceding fiscal year in all eligible public charter schools who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (ii) The number of pupils who, during the preceding fiscal year-- (I) were enrolled in a District of Columbia public school selected to provide services under section 1113 of the Elementary and Secondary Education Act of 1965; and (II) were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (iii) The number of pupils who, during the preceding fiscal year-- (I) were enrolled in a private or independent school; (II) were eligible for, and received, free or reduced price school lunches under the National School Lunch Act; and [[Page H 11710]] (III) resided in an attendance area of a District of Columbia public school selected to provide services under section 1113 of the Elementary and Secondary Education Act of 1965. (3) Allocation for fiscal year 1999 and thereafter.-- (A) Calculation by secretary.--Notwithstanding sections 1124(a)(2), 1124(c)(2), 1124A(a)(4), 1125(c)(2), and 1125(d) of the Elementary and Secondary Education Act of 1965, for fiscal year 1999 and fiscal years thereafter, the total allocation under part A of title I of such Act for all local educational agencies in the District of Columbia, including public charter schools that are eligible to receive assistance under such part, shall be calculated by the Secretary of Education. In making such calculation, such Secretary shall treat all such local educational agencies as if they were a single local educational agency for the District of Columbia. (B) Allocation.-- (i) Public charter schools.--For fiscal year 1999 and fiscal years thereafter, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the total allocation calculated under subparagraph (A) which bears the same ratio to such total allocation as the number described in paragraph (2)(C) bears to the number described in paragraph (2)(D). (ii) District of columbia public schools.--For fiscal year 1999 and fiscal years thereafter, the District of Columbia public schools shall receive a portion of the total allocation calculated under subparagraph (A) which bears the same ratio to such total allocation as the total of the numbers described in clauses (ii) and (iii) of paragraph (2)(D) bears to the aggregate total described in paragraph (2)(D). (4) Use of esea funds.--The Board of Education may not direct a public charter school in the charter school's use of funds under part A of title I of the Elementary and Secondary Education Act of 1965. (5) Inapplicability of certain esea provisions.--The following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school: (A) Paragraphs (5), (8), and (9) of section 1112(b). (B) Subsection 1112(c). (C) Section 1113. (D) Section 1115A. (E) Subsections (a), (b), and (c) of section 1116. (F) Subsections (a), (c), (d), (e), (f), and (g) of section 1118. (G) Section 1120. (H) Subsections (a) and (c) of section 1120A. (I) Section 1120B. (J) Section 1126. (b) Property and Sales Taxes.--A public charter school shall be exempt from District of Columbia property and sales taxes. SEC. 2161. POWERS AND DUTIES OF ELIGIBLE CHARTERING AUTHORITIES. (a) Oversight.-- (1) In general.--An eligible chartering authority-- (A) shall monitor the operations of each public charter school to which the authority has granted a charter; (B) shall ensure that each such school complies with applicable laws and the provisions of the charter granted to the school; and (C) shall monitor the progress of each such school in meeting student academic achievement expectations specified in the charter granted to the school. (2) Production of books and records.--An eligible chartering authority may require a public charter school to which the authority has granted a charter to produce any book, record, paper, or document, if the authority determines that such production is necessary for the authority to carry out its functions under this title. (b) Fees.-- (1) Application fee.--An eligible chartering authority may charge an eligible applicant a fee, not to exceed $150, for processing a petition to establish a public charter school. (2) Administration fee.--In the case of an eligible chartering authority that has granted a charter to an public charter school, the authority may charge the school a fee, not to exceed one-half of one percent of the annual budget of the school, to cover the cost of undertaking the ongoing administrative responsibilities of the authority with respect to the school that are described in this subtitle. The school shall pay the fee to the eligible chartering authority not later than November 15 of each year. (c) Immunity from Civil Liability.-- (1) In general.--An eligible chartering authority, a governing board of such an authority, and the directors, officers, employees, and volunteers of such an authority, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission-- (A) constitutes gross negligence; (B) constitutes an intentional tort; or (C) is criminal in nature. (2) Common law immunity preserved.--Paragraph (1) shall not be construed to abrogate any immunity under common law of a person described in such paragraph. SEC. 2162. CHARTER RENEWAL. (a) Term.--A charter granted to a public charter school shall remain in force for a 5-year period, but may be renewed for an unlimited number of 5-year periods. (b) Application for Charter Renewal.--In the case of a public charter school that desires to renew its charter, the Board of Trustees of the school shall file an application to renew the charter with the eligible chartering authority that granted the charter not later than 120 days before the expiration of the charter. The application shall contain the following: (1) A report on the progress of the public charter school in achieving the goals, student academic achievement expectations, and other terms of the approved charter. (2) All audited financial statements for the public charter school for the preceding 4 years. (c) Approval of Charter Renewal Application.--The eligible chartering authority that granted a charter shall approve an application to renew the charter that is filed inaccordance with subsection (b) unless the authority determines that-- (1) the school committed a material violation of the conditions, terms, standards, or procedures set forth in the charter; or (2) the school failed to meet the goals and student academic achievement expectations set forth in the charter. (d) Procedures for Consideration of Charter Renewal.-- (1) Notice of right to hearing.--An eligible chartering authority that has received an application to renew a charter that is filed by a Board of Trustees in accordance with subsection (b) shall provide to the Board written notice of the right to an informal hearing on the application. The eligible chartering authority shall provide the notice not later than 15 days after the date on which the authority received the application. (2) Request for hearing.--Not later than 15 days after the date on which a Board of Trustees receives a notice under paragraph (1), the Board may request, in writing, an informal hearing on the application before the eligible chartering authority. (3) Date and time of hearing.-- (A) Notice.--Upon receiving a timely written request for a hearing under paragraph (2), an eligible chartering authority shall set a date and time for the hearing and shall provide reasonable notice of the date and time, as well as the procedures to be followed at the hearing, to the Board. (B) Deadline.--An informal hearing under this subsection shall take place not later than 30 days after an eligible chartering authority receives a timely written request for the hearing under paragraph (2). (4) Final decision.-- (A) Deadline.--An eligible chartering authority shall render a final decision, in writing, on an application to renew a charter-- (i) not later than 30 days after the date on which the authority provided the written notice of the right to a hearing, in the case of an application with respect to which such a hearing is not held; and (ii) not later than 30 days after the date on which the hearing is concluded, in the case of an application with respect to which a hearing is held. (B) Reasons for nonrenewal.--An eligible chartering authority that denies an application to renew a charter shall state in its decision, in reasonable detail, the grounds for the denial. (5) Alternatives upon nonrenewal.--An eligible chartering authority that denies an application to renew a charter granted to a public charter school, or whose decision approving such an application is reversed under section 2162(e),

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DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996
(House of Representatives - November 02, 1995)

Text of this article available as: TXT PDF [Pages H11704-H11735] DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996 The SPEAKER pro tempore. Pursuant to House Resolution 252 and rule XXIII, the Chair declares the House in the Committee of the Whole House on the State of the Union for the further consideration of the bill H.R. 2546. {time} 1257 in the committee of the whole Accordingly the House resolved itself into the Committee of the Whole House on the State of the Union for the further consideration of the bill (H.R. 2546) making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1996, and for other purposes, with Mr. Hastings of Washington in the chair. [[Page H 11705]] The Clerk read the title of the bill. The CHAIRMAN. When the Committee of the Whole House met on Wednesday, November 1, 1995, an amendment offered by the gentleman from Indiana [Mr. Hostettler] had been disposed of and the bill had been read through page 58 line 4. Are there further amendments to the bill? Mr. GUNDERSON. Mr. Chairman, I move to strike the last word. (Mr. GUNDERSON asked and was given permission to revise and extend his remarks.) Mr. GUNDERSON. Mr. Chairman, I took this time, because of the limited debate time and the request for so many Members to speak, as a way of saying a couple of things that I think are important. For those who were not paying attention yesterday, I want to begin by extending again my personal thanks to the gentleman from New York [Mr. Walsh], the gentlewoman from the District of Columbia [Ms. Norton], and the gentleman from California [Mr. Dixon], for all the cooperation between them and their staff, and the gentleman from Virginia [Mr. Davis], as well, from the District of Columbia Committee, and certainly the gentleman from Pennsylvania [Mr. Goodling], and all my colleagues on the Committee on Economic and Educational Opportunities, the gentleman from North Carolina [Mr. Ballenger], and others, for all of their work in this effort to try to bring about a consensus on this issue. {time} 1300 As many of my colleagues are aware, the Washington Post today said in their editorial, ``This is an education vote that counts,'' encouraging every Member on both sides of the aisle to vote ``yes'' on the District of Columbia school reform amendment that I am about to call up. Mr. Chairman, the reason I wanted to ask for special time, however, is because I think it is important that we deal head on with what is the misunderstanding by so many Members about this voucher issue. When this process began we had obviously the education reform movement in this country that said, ``You are not going to give new money to D.C., you are not going to give them more opportunities to expand education funding, unless you get some real reforms.'' On the other side we had the public education community that said very clearly, ``We are not about to support a package that creates a tool for taking public education dollars to fund private education initiatives.'' Mr. Chairman, I thought, frankly, they were both fair. So, we have very carefully, very methodically, over a long period of time, negotiated out what is the best possible compromise we can achieve on this issue. Under a private school voucher program, if a student leaves a public school to attend a private school, their per capita funding goes with them. Money leaves that public school and goes into that private school. Mr. Chairman, I can tell my Democratic friends, I have never once voted for a private school voucher program during my tenure in Congress. I am as opposed to that as my Democrat colleagues are. This bill does not, does not, does not include a private school voucher. It is very important that Members understand that. In exchange for that, what we have done is we have said we will set up a scholarship program for District of Columbia students. We will provide some start-up money at the Federal level, whatever the appropriations process down the line will bear. And let us be honest, based on the present circumstances, it is not going to be a lot, but whatever that will bear. We will then allow the scholarship board, made up of seven District of Columbia residents, again, I underline seven District of Columbia residents, to go out and raise private contributions. Whatever those two sources of revenue produce can be used in an equal number of public school scholarships and private school scholarships. Mr. Chairman, I think it is very important as we begin this process to understand if 100 students were to leave the District of Columbia public schools and to go to private schools, not one dime would leave the District of Columbia public school system. Not one dime would leave the public school system. We are not taking money from public schools to put it into private schools. This is a carefully crafted compromise. We cannot authorize $20 million in new education initiatives, leveraging probably twice that much in private resources to repair the buildings and equip the schools with technology equipment, without working out some kind of compromise on the reform issues. Mr. Chairman, this is as good a compromise as we can get. My colleagues' vote today will decide whether we have District of Columbia school reform, because we cannot work out an agreement that does not have this kind of a carefully crafted balance and get support on both sides of the aisle. Mr. DIXON. Mr. Chairman, I move to strike the last word. Mr. Chairman, the gentleman from Wisconsin [Mr. Gunderson] is absolutely correct. The time is very limited and so I would just like to take this opportunity to register my opposition, for I have a great number of speakers. Mr. Chairman, regarding the amendment that the gentleman from Wisconsin is about to present, the gentleman should be congratulated on the fact that he has tried to reach a consensus. The gentleman has worked with a lot of people. Unfortunately, in my view, the gentleman has not reached a consensus. Mr. Chairman, there are at least 20 organizations, including the Secretary of Education, the American Association of School Administrators, the Americans United for Separation of Church and State, that are all opposed to this. This is a 142-page amendment. It authorizes $100 million. It does not appropriate one dime. It belongs in the Committee on Economic and Educational Opportunities. There is great philosophical discord about this amendment. Mr. Chairman, $42 million could possibly go to private schools, and the bill is silent on whether those could be religious schools. I am not clear if they would have to be in the jurisdiction of the District or could be outside the District. Basically, this is public money, some $5 million over a 5-year period, public funds going to private schools. Mr. Chairman, I would oppose the amendment that the gentleman is about to offer. Amendment Offered by Mr. GUNDERSON Mr. GUNDERSON. Mr. Chairman, I offer an amendment, made in order by the rule. The CHAIRMAN (Mr. Hastings of Washington). The Clerk will designate the amendment. The text of the amendment is as follows: Amendment offered by Mr. Gunderson: At the end of the bill, add the following: TITLE II--DISTRICT OF COLUMBIA SCHOOL REFORM SEC. 2001. SHORT TITLE. This title may be cited as the ``District of Columbia School Reform Act of 1995''. SEC. 2002. DEFINITIONS. Except as otherwise provided, for purposes of this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate; (B) the Committee on Economic and Educational Opportunities of the House of Representatives and the Committee on Labor and Human Resources of the Senate; and (C) the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate. (2) Authority.--The term ``Authority'' means the District of Columbia Financial Responsibility and Management Assistance Authority established under section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (3) Average daily attendance.--The term ``average daily attendance'', when used with respect to a school and a period of time, means the aggregate attendance of the school during the period divided by the number of days during the period on which-- (A) the school is in session; and (B) the pupils of the school are under the guidance and direction of teachers. (4) Average daily membership.-- (A) Individual school.--The term ``average daily membership'', when used with respect to a school and a period of time, means the aggregate enrollment of the school during the period divided by the number of days during the period on which-- (i) the school is in session; and (ii) the pupils of the school are under the guidance and direction of teachers. [[Page H 11706]] (B) Groups of schools.--The term ``average daily membership'', when used with respect to a group of schools and a period of time, means the average of the average daily memberships during the period of the individual schools that constitute the group. (5) Board of education.--The term ``Board of Education'' means the Board of Education of the District of Columbia. (6) Board of trustees.--The term ``Board of Trustees'' means the governing board of a public charter school, the members of which board have been selected pursuant to the charter granted to the school and in a manner consistent with this title. (7) Control period.--The term ``control period'' means a period of time described in section 209 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (8) Core curriculum.--The term ``core curriculum'' means the concepts, factual knowledge, and skills that students in the District of Columbia should learn in kindergarten through 12th grade in academic content areas, including, at a minimum, English, mathematics, science, and history. (9) District of columbia council.--The term ``District of Columbia Council'' means the Council of the District of Columbia established pursuant to section 401 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 1-221). (10) District of columbia government.-- (A) In general.--The term ``District of Columbia government'' means the government of the District of Columbia, including-- (i) any department, agency, or instrumentality of the government of the District of Columbia; (ii) any independent agency of the District of Columbia established under part F of title IV of the District of Columbia Self-Government and Governmental Reorganization Act; (iii) any other agency, board, or commission established by the Mayor or the District of Columbia Council; (iv) the courts of the District of Columbia; (v) the District of Columbia Council; and (vi) any other agency, public authority, or public benefit corporation that has the authority to receive monies directly or indirectly from the District of Columbia (other than monies received from the sale of goods, the provision of services, or the loaning of funds to the District of Columbia). (B) Exceptions.--The term ``District of Columbia government'' does not include the following: (i) The Authority. (ii) A public charter school. (11) District of columbia government retirement system.-- The term ``District of Columbia government retirement system'' means the retirement programs authorized by the District of Columbia Council or the Congress for employees of the District of Columbia government. (12) District of columbia public school.-- (A) In general.--The term ``District of Columbia public school'' means a public school in the District of Columbia that offers classes-- (i) at any of the grade levels from prekindergarten through the 12th grade; or (ii) leading to a general education diploma. (B) Exception.--The term does not include a public charter school. (13) District of columbia public schools.--The term ``District of Columbia public schools'' means all schools that are District of Columbia public schools. (14) District-wide assessments.--The term ``district-wide assessments'' means reliable and unbiased student assessments administered by the Superintendent to students enrolled in District of Columbia public schools and public charter schools. (15) Eligible applicant.--The term ``eligible applicant'' means a person, including a private, public, or quasi-public entity and an institution of higher education (as defined in section 481 of the Higher Education Act of 1965), who seeks to establish a public charter school. (16) Eligible chartering authority.--The term ``eligible chartering authority'' means any of the following: (A) The Board of Education. (B) Any of the following public or federally-chartered universities: (i) Howard University. (ii) Gallaudet University. (iii) American University. (iv) George Washington University. (v) The University of the District of Columbia. (C) Any other entity designated by enactment of a bill as an eligible chartering authority by the District of Columbia Council after the date of the enactment of this Act. (17) Facilities management.--The term ``facilities management'' means the administration, construction, renovation, repair, maintenance, remodeling, improvement, or other oversight, of a building or real property of a District of Columbia public school. The term does not include the performance of any such act with respect to real property owned by a public charter school. (18) Family resource center.--The term ``family resource center'' means an information desk-- (A) located at a school with a majority of students whose family income is not greater than 185 percent of the poverty guidelines updated annually in the Federal Register by the Department of Health and Human Services under authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981; and (B) which links students and families to local resources and public and private entities involved in child care, adult education, health and social services, tutoring, mentoring, and job training. (19) Long-term reform plan.--The term ``long-term reform plan'' means the plan submitted by the Superintendent under section 2101. (20) Mayor.--The term ``Mayor'' means the Mayor of the District of Columbia. (21) Metrobus and metrorail transit system.--The term ``Metrobus and Metrorail Transit System'' means the bus and rail systems administered by the Washington Metropolitan Area Transit Authority. (22) Minor student.--The term ``minor student'' means an individual who-- (A) is enrolled in a District of Columbia public schools or a public charter school; and (B) is not beyond the age of compulsory school attendance, as prescribed in section 1 of article I, and section 1 of article II, of the Act of February 4, 1925 (sections 31-401 and 31-402, D.C. Code). (23) Nonresident student.--The term ``nonresident student'' means-- (A) an individual under the age of 18 who is enrolled in a District of Columbia public school or a public charter school, and does not have a parent residing in the District of Columbia; or (B) an individual who is age 18 or older and is enrolled in a District of Columbia public school or public charter school, and does not reside in the District of Columbia. (24) Panel.--The term ``Panel'' means the World Class Schools Panel established under subtitle D. (25) Parent.--The term ``parent'' means a person who has custody of a child enrolled in a District of Columbia public school or a public charter school, and who-- (A) is a natural parent of the child; (B) is a stepparent of the child; (C) has adopted the child; or (D) is appointed as a guardian for the child by a court of competent jurisdiction. (26) Petition.--The term ``petition'' means a written application, submitted by an eligible applicant to an eligible chartering authority, to establish a public charter school. (27) Promotion gate.--The term ``promotion gate'' means the criteria, developed by the Superintendent and approved by the Board of Education, that are used to determine student promotion at different grade levels. Such criteria shall include achievement on district-wide assessments that, to the greatest extent practicable, measure student achievement of the core curriculum. (28) Public charter school.--The term ``public charter school'' means a publicly funded school in the District of Columbia that is established pursuant to subtitle B. A public charter school is not a part of the District of Columbia public schools. (29) School.--The term ``school'' means-- (A) a public charter school; or (B) any other day or residential school that provides elementary or secondary education, as determined under State or District of Columbia law. (30) Student with special needs.--The term ``student with special needs'' has the meaning given such term by the Mayor and the District of Columbia Council under section 2301. (31) Superintendent.--The term ``Superintendent'' means the Superintendent of the District of Columbia public schools. (32) Teacher.--The term ``teacher'' means any person employed as a teacher by the Board of Education or by a public charter school. Subtitle A--District of Columbia Reform Plan SEC. 2101. LONG-TERM REFORM PLAN. (a) In General.-- (1) Plan.--The Superintendent, with the approval of the Board of Education, shall submit to the appropriate congressional committees, the Mayor, the District of Columbia Council, and the Authority a long-term reform plan, not later than February 1, 1996. The plan shall be consistent with the financial plan and budget for the District of Columbia for fiscal year 1996 required under section 201 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (2) Consultation.-- (A) In general.--In developing the long-term reform plan, the Superintendent-- (i) shall consult with the Board of Education, Mayor, and District of Columbia Council, and, in a control period, with the Authority; and (ii) shall afford the public, interested organizations, and groups an opportunity to present their views and make recommendations regarding the long-term reform plan. (B) Summary of recommendations.--The Superintendent shall include in the long-term plan a summary of the recommendations made under subparagraph (A)(ii) and the response of the Superintendent to these recommendations. (b) Contents.-- (1) Areas to be addressed.--The long-term plan shall describe how the District of Columbia public schools will become a world-class education system which prepares students for life-time learning in the 21st century and which is on a par with the best education systems of other nations. The plan shall include a description of how the District of Columbia public schools will accomplish the following: (A) Achievement at nationally- and internationally- competitive levels by students attending District of Columbia public schools. [[Page H 11707]] (B) The creation of a performance-oriented workforce. (C) The construction and repair of District of Columbia public school facilities. (D) Local school governance, decentralization, autonomy, and parental choice among District of Columbia public schools; and (E) The implementation of an efficient and effective adult literacy program. (2) Other information.--For each of the items in subparagraphs (A) through (G) of paragraph (1), the long-term plan shall include-- (A) a statement of measurable, objective performance goals; (B) a description of the measures of performance to be used in determining whether the Superintendent and Board of Education have met the goals; (C) dates by which the goals must be met; (D) plans for monitoring and reporting progress to District of Columbia residents, the appropriate congressional committees, the Mayor, the District of Columbia Council, and the Authority; and (E) the title of the management employee of the District of Columbia public schools most directly responsible for the achievement of each goal and, with respect to each such employee, the title of the employee's immediate supervisor or superior. (c) Amendments.--The Superintendent, with the approval of the Board of Education, shall submit any amendment to the long-term plan to the appropriate congressional committees. Any amendment to the long-term plan shall be consistent with the financial plan and budget for fiscal year 1996 for the District of Columbia required under section 201 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). Subtitle B--Public Charter Schools SEC. 2151. PROCESS FOR FILING CHARTER PETITIONS. (a) Existing Public School.--An eligible applicant seeking to convert an existing District of Columbia public school into a public charter school-- (1) shall prepare a petition to establish a public charter school that meets the requirements of section 2152; (2) shall provide a copy of the petition to-- (A) the parents of minor students attending the existing school; (B) adult students attending the existing school; and (C) employees of the existing school; (3) shall file the petition with an eligible chartering authority for approval after the petition-- (A) has been signed by a majority of the total number of-- (i) parents of minor students attending the school; and (ii) adult students attending the school; and (B) has been endorsed by at least a majority of full-time teachers at the school; and (4) shall explain in the petition the relationship that will exist between the public charter school and its employees. (b) Independent or Private School.--An eligible applicant seeking to convert an existing independent or private school in the District of Columbia into a public charter school-- (1) shall prepare a petition to establish a public charter school that meets the requirements of section 2152; (2) shall provide a copy of the petition to-- (A) the parents of minor students attending the existing school; (B) adult students attending the existing school; and (C) employees of the existing school; (3) shall file the petition with an eligible chartering authority for approval after the petition-- (A) has been signed by a majority of the total number of-- (i) parents of minor students attending the school; and (ii) adult students attending the school; and (B) has been endorsed by at least a majority of full-time teachers at the school; and (4) shall explain in the petition the relationship that will exist between the public charter school and its employees. (c) New School.--An eligible applicant seeking to establish in the District of Columbia a public charter school, but not seeking to convert an existing public, private, or independent school into a public charter school, shall file with an eligible chartering authority for approval a petition to establish a public charter school that meets the requirements of section 2152. SEC. 2152. CONTENTS OF PETITION. A petition to establish a public charter school shall include the following: (1) A statement defining the mission and goals of the proposed school. (2) A statement of the need for the proposed school in the geographic area of the school site. (3) A description of the proposed instructional goals and methods for the school, which includes, at a minimum-- (A) the methods that will be used to provide students with the knowledge, proficiency, and skills needed-- (i) to become nationally and internationally competitive students and educated individuals in the 21st century; and (ii) to perform competitively on any districtwide assessments; and (B) the methods that will be used to improve student self- motivation, classroom instruction, and learning for all students. (4) A description of the plan for evaluating student academic achievement of the proposed school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below the expectations of the school. (5) An operating budget for the first 2 years of the proposed school that is based on anticipated enrollment and contains-- (A) a description of the method for conducting annual audits of the financial, administrative, and programmatic operations of the school; (B) either-- (i) an identification of the site where the school will be located, including a description of any buildings on the site and any buildings proposed to be constructed on the site; or (ii) a timetable by which a such an identification will be made; (C) a description of any major contracts planned, with a value equal to or exceeding $10,000, for equipment and services, leases, improvements, purchases of real property, or insurance; and (D) a timetable for commencing operations as a public charter school. (6) A description of the proposed rules and policies for governance and operation of the school. (7) Copies of the proposed articles of incorporation and bylaws of the school. (8) The names and addresses of the members of the proposed Board of Trustees. (9) A description of the student enrollment, admission, suspension, and expulsion policies and procedures of the proposed school, and the criteria for making decisions in such areas. (10) A description of the procedures the school plans to follow to ensure the health and safety of students, employees, and guests of the school and to comply with applicable health and safety laws and regulations of the Federal Government and the District of Columbia. (11) An explanation of the qualifications that will be required of employees of the proposed school. (12) An identification, and a description, of the individuals and entities submitting the application, including their names and addresses, and the names of the organizations or corporations of which such individuals are directors or officers. SEC. 2153. PROCESS FOR APPROVING OR DENYING CHARTER PETITIONS. (a) Schedule.--An eligible chartering authority may establish a schedule for receiving petitions to establish a public charter school and shall publish any such schedule in the District of Columbia Register. An eligible chartering authority shall make a copy of any such schedule available to all interested persons upon request. (b) Public Hearing.--Not later than 45 days after a petition to establish a public charter school is filed with an eligible chartering authority, the authority shall hold a public hearing on the petition to gather the information that is necessary for the authority to make the decision to approve or deny the petition. (c) Notice.--Not later than 10 days prior to the scheduled date of a public hearing on a petition to establish a public charter school, an eligible chartering authority-- (1) shall publish a notice of the hearing in the District of Columbia Register; and (2) shall send a written notification of the hearing date to the eligible applicant who filed the petition. (d) Approval or Denial.--Subject to subsection (i), an eligible chartering authority shall approve a petition to establish a public charter school, if-- (1) the authority determines that the petition satisfies the requirements of this subtitle; and (2) the eligible applicant who filed the petition agrees to satisfy any condition or requirement, consistent with this title and other applicable law, that is set forth in writing by the eligible chartering authority as an amendment to the petition. (e) Timetable.--An eligible chartering authority shall approve or deny a petition to establish a public charter school not later than 45 days after the conclusion of the public hearing on the petition. (f) Extension.--An eligible chartering authority and an eligible applicant may agree to extend the 45-day time period referred to in subsection (e) by a period that does not exceed 30 days. (g) Explanation.--If an eligible chartering authority denies a petition or finds it to be incomplete, the authority shall specify in writing the reasons for its decision and indicate, when appropriate, how the eligible applicant who filed the petition may revise the petition to satisfy the requirements for approval. (h) Approved Petition.-- (1) Notice.--Not later than 10 days after an eligible chartering authority approves a petition to establish a public charter school, the authority shall provide a written notice of the approval, including a copy of the approved petition and any conditions or requirements agreed to under subsection (d)(2), to the eligible applicant and to the Chief Financial Officer of the District of Columbia. The eligible chartering authority shall publish a notice of the approval of the petition in the District of Columbia Register. (2) Charter.--The provisions of a petition to establish a public charter school that has been approved by an eligible chartering authority, together with any amendments to [[Page H 11708]] the petition containing conditions or requirements agreed to by the eligible applicant under subsection (d)(2), shall be considered a charter granted to the school by the authority. (i) Special Rules for First Year.--During the one-year period beginning on the date of the enactment of this Act, each eligible chartering authority-- (1) may approve not more than one petition filed by an eligible applicant seeking to convert an existing independent or private school into a public charter school; and (2) in considering a petition to establish a public charter school filed by any eligible applicant, shall consider whether the school will focus on students with special needs. (j) Exclusive Authority of Chartering Authority.-- Notwithstanding any other Federal law or law of the District of Columbia, no governmental entity, elected official, or employee of the District of Columbia may make, participate in making, or intervene in the making of, the decision to approve or deny a petition to establish a public charter school, except the eligible chartering authority with which the petition was filed. SEC. 2154. DUTIES AND POWERS OF, AND OTHER REQUIREMENTS ON, PUBLIC CHARTER SCHOOLS. (a) Duties.--A public charter school shall comply with-- (1) this subtitle; (2) any other provision of law applicable to the school; and (3) all of the terms and provisions of its charter. (b) Powers.--A public charter school shall have all of the powers necessary for carrying out its charter, including the following powers: (1) To adopt a name and corporate seal, but only if the name selected includes the words ``public charter school''. (2) To acquire real property for use as its school facilities, from public or private sources. (3) To receive and disburse funds for school purposes. (4) Subject to subsection (c)(1), to secure appropriate insurance and to make contracts and leases, including agreements to procure or purchase services, equipment, and supplies. (5) To incur debt in reasonable anticipation of the receipt of funds from the general fund of the District of Columbia or the receipt of other Federal or private funds. (6) To solicit and accept any grants or gifts for school purposes, if the school-- (A) does not accept any grants or gifts subject to any condition contrary to law or contrary to the terms of the petition to establish the school as a public charter school; and (B) maintains separate accounts for grants or gifts for financial reporting purposes. (7) To be responsible for its own operation, including preparation of a budget and personnel matters. (8) To sue and be sued in its own name. (c) Prohibitions and Other Requirements.-- (1) Contracting authority.-- (A) Notice requirement.--Except in the case of an emergency, with respect to any contract proposed to be awarded by a public charter school and having a value equal to or exceeding $10,000, the school shall publish a notice of a request for proposals in the District of Columbia Register not less than 30 days prior to the award of the contract. (B) Submission to authority.-- (i) Deadline for submission.--With respect to any contract described in subparagraph (A) that is awarded by a public charter school, the school shall submit to the Authority, not later than 3 days after the date on which the award is made, all bids for the contract received by the school, the name of the contractor who is awarded the contract, and the rationale for the award of the contract. (ii) Effective date of contract.-- (I) In general.--Subject to subclause (II), a contract described in subparagraph (A) shall become effective on the date that is 15 days after the date the school makes the submission under clause (i) with respect to the contract, or the effective date specified in the contract, whichever is later. (II) Exception.--A contract described in subparagraph (A) shall be considered null and void if the Authority determines, within 12 days of the date the school makes the submission under clause (i) with respect to the contract, that the contract endangers the economic viability of the public charter school. (2) Tuition.--A public charter school may not charge tuition, fees, or other mandatory payments, except to nonresident students. (3) Control.--A public charter school-- (A) shall exercise exclusive control over its expenditures, administration, personnel, and instructional methods, within the limitations imposed in this title; and (B) shall be exempt from statutes, policies, rules, and regulations governing District of Columbia public schools established by the Superintendent, Board of Education, Mayor, District of Columbia Council, or Authority, except as otherwise provided in this title or in the charter granted to the school. (4) Audits.--A public charter school shall be subject to the same financial audits, audit procedures, and fiduciary requirements as a District of Columbia public school. (5) Governance.--A public charter school shall be governed by a Board of Trustees in a manner consistent with the charter granted to the school, the provisions of this title, and any other law applicable to the school. (6) Other staff.--No employee of the District of Columbia public schools may be required to accept employment with, or be assigned to, a public charter school. (7) Other students.--No student enrolled in a District of Columbia public school may be required to attend a public charter school. (8) Taxes or bonds.--A public charter school shall not levy taxes or issue bonds. (9) Charter revision.--A public charter school seeking to revise its charter shall prepare a petition for approval of the revision and file it with the eligible chartering authority that granted the charter. The provisions of section 2153 shall apply to such a petition in the same manner as such provisions apply to a petition to establish a public charter school. (10) Annual report.-- (A) In general.--A public charter school shall submit an annual report to the eligible chartering authority that approved its charter and to the Authority. The school shall permit a member of the public to review any such report upon request. (B) Contents.--A report submitted under subparagraph (A) shall include the following data: (i) Student performance on any district-wide assessments. (ii) Grade advancement for students enrolled in the public charter school. (iii) Graduation rates, college admission test scores, and college admission rates, if applicable. (iv) Types and amounts of parental involvement. (v) Official student enrollment. (vi) Average daily attendance. (vii) Average daily membership. (viii) A financial statement audited by an independent certified public accountant. (ix) A list of all donors and grantors that have contributed monetary or in-kind donations having a value equal or exceeding $500 during the year that is the subject of the report. (C) Nonidentifying data.--Data described in subparagraph (B) that are included in an annual report may not identify the individuals to whom the data pertain. (11) Student enrollment report.--A public charter school shall report to the Mayor and the District of Columbia Council annual student enrollment on a grade-by-grade basis, including students with special needs, in a manner and form that permits the Mayor and the District of Columbia Council to comply with subtitle E. (12) Census.--A public charter school shall provide to the Board of Education student enrollment data necessary for the Board to comply with section 3 of article II of the Act of February 4, 1925 (D.C. Code, sec. 31-404) (relating to census of minors). (13) Complaint resolution process.--A public charter school shall establish an informal complaint resolution process. (14) Program of education.--A public charter school shall provide a program of education which shall include one or more of the following: (A) Pre-school. (B) Pre-kindergarten. (C) Any grade or grades from kindergarten through 12th grade. (D) Adult community, continuing, and vocational education programs. (15) Nonsectarian nature of schools.--A public charter school shall be nonsectarian. (16) Nonprofit status of school.--A public charter school shall be organized under the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et seq.). (17) Immunity from civil liability.-- (A) In general.--A public charter school, and its incorporators, Board of Trustees, officers, employees, and volunteers, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission-- (i) constitutes gross negligence; (ii) constitutes an intentional tort; or (iii) is criminal in nature. (B) Common law immunity preserved.--Subparagraph (A) shall not be construed to abrogate any immunity under common law of a person described in such subparagraph. SEC. 2155. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL. (a) Board of Trustees.--The members of a Board of Trustees of a public charter school shall be elected or selected pursuant to the charter granted to the school. Such a board shall have an odd number of members that does not exceed 7, of which-- (1) a majority shall be residents of the District of Columbia; and (2) at least 2 shall be a parent of a student attending the school. (b) Eligibility.--An individual is eligible for election or selection to the Board of Trustees of a public charter school if the person-- (1) is a teacher or staff member who is employed at the school; (2) is a parent of a student attending the school; or (3) meets the selection or election criteria set forth in the charter granted to the school. (c) Election or Selection of Parents.--In the case of the first Board of Trustees of a public charter school to be elected or selected after the date on which the school is granted a charter, the election or selection of the members under subsection (a)(2) shall occur on the earliest practicable date after classes at the school have commenced. Until [[Page H 11709]] such date, any other members who have been elected or selected shall serve as an interim Board of Trustees. Such an interim board may exercise all of the powers, and shall be subject to all of the duties, of a Board of Trustees. (d) Fiduciaries.--The Board of Trustees of a public charter school shall be fiduciaries of the school and shall set overall policy for the school. The Board of Trustees may make final decisions on matters related to the operation of the school, consistent with the charter granted to the school, this title, and other applicable law. SEC. 2156. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL. (a) Open Enrollment.--Enrollment in a public charter school shall be open to all students who are residents of the District of Columbia and, if space is available, to nonresident students who meet the tuition requirement in subsection (e). (b) Criteria for Admission.--A public charter school may not limit enrollment on the basis of a student's intellectual or athletic ability, measures of achievement or aptitude, or a student's disability. A public charter school may limit enrollment to specific grade levels or areas of focus of the school, such as mathematics, science, or the arts, where such a limitation is consistent with the charter granted to the school. (c) Random Selection.--If there are more applications to enroll in a public charter school from students who are residents of the District of Columbia than there are spaces available, students shall be admitted using a random selection process. (d) Admission to an Existing School.--During the 5-year period beginning on the date that a petition, filed by an eligible applicant seeking to convert an existing public, private, or independent school into a public charter school, is approved, the school shall give priority in enrollment to-- (1) students enrolled in the school at the time that the petition is granted; (2) the siblings of students described in paragraph (1); and (3) in the case of the conversion of an existing public school, students who reside within the attendance boundaries, if any, in which the school is located. (e) Nonresident Students.--Nonresident students shall pay tuition to a public charter school at the current rate established for District of Columbia public schools administered by the Board of Education for the type of program in which the student has enrolled. (f) Student Withdrawal.--A student may withdraw from a public charter school at any time and, if otherwise eligible, enroll in a District of Columbia public school administered by the Board of Education. (g) Expulsion and Suspension.--The principal of a public charter school may expel or suspend a student from the school based on criteria set forth in the charter granted to the school. SEC. 2157. EMPLOYEES. (a) Extended Leave of Absence Without Pay.-- (1) Leave of absence from district of columbia public schools.--The Superintendent shall grant, upon request, an extended leave of absence, without pay, to an employee of the District of Columbia public schools for the purpose of permitting the employee to accept a position at a public charter school for a 2-year term. (2) Request for extension.--At the end of a 2-year term referred to in paragraph (1), an employee granted an extended leave of absence without pay under the paragraph may submit a request to the Superintendent for an extension of the leave of absence for an additional 2-year term. The Superintendent may not unreasonably withhold approval of the request. (3) Rights upon termination of leave.--An employee granted an extended leave of absence without pay for the purpose described in paragraph (1) shall have the same rights and benefits under law upon termination of such leave of absence as an employee of the District of Columbia public schools who is granted an extended leave of absence without pay for any other purpose. (b) Retirement System.-- (1) Creditable service.--An employee of a public charter school who has received a leave of absence under subsection (a) shall receive creditable service, as defined in section 2604 of D.C. Law 2-139, effective March 3, 1979, (D.C. Code, sec. 1-627.4) and the rules established under such section, for the period of the employee's employment at the public charter school. (2) Authority to establish separate system.--A public charter school may establish a retirement system for employees under its authority. (3) Election of retirement system.--A former employee of the District of Columbia public schools who become an employee of a public charter school within 60 after the date the employee's employment with the District of Columbia public schools is terminated may, at the time the employee commences employment with the public charter school, elect-- (A) to remain in a District of Columbia government retirement system and continue to receive creditable service for the period of their employment at a public charter school; or (B) to transfer into a retirement system established by the public charter school pursuant to paragraph (2) . (4) Prohibited employment conditions.--No public charter school may require a former employee of the District of Columbia public schools to transfer to the public charter school's retirement system as a condition of employment. (5) Contributions.-- (A) Employees electing not to transfer.--In the case of a former employee of the District of Columbia public schools who elects to remain in a District of Columbia government retirement system pursuant to paragraph (3)(A), the public charter school that employs the person shall make the same contribution to such system on behalf of the person as the District of Columbia would have been required to make if the person had continued to be an employee of the District of Columbia public schools. (B) Employees electing to transfer.--In the case of a former employee of the District of Columbia public schools who elects to transfer into a retirement system of a public charter school pursuant to paragraph (3)(B), the applicable District of Columbia government retirement system from which the former employee is transferring shall compute the employee's contribution to that system and transfer this amount, to the retirement system by the public charter school. (c) Employment Status.--Notwithstanding any other provision of law, an employee of a public charter school shall not be considered to be an employee of the District of Columbia government for any purpose. SEC. 2158. REDUCED FARES FOR PUBLIC TRANSPORTATION. A student attending a public charter school shall be eligible for reduced fares on the Metrobus and Metrorail Transit System on the same terms and conditions as are applicable under section 2 of D.C. Law 2-152, effective March 9, 1979, (D.C. Code, sec. 44-216 et seq.) to a student attending a District of Columbia public school. SEC. 2159. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO PUBLIC CHARTER SCHOOLS. The Superintendent may provide services such as facilities maintenance to public charter schools. All compensation for costs of such services shall be subject to negotiation and mutual agreement between a public charter school and the Superintendent. SEC. 2160. APPLICATION OF LAW. (a) Elementary and Secondary Education Act.-- (1) Treatment as local educational agency.--For any fiscal year, a public charter school shall be considered to be a local educational agency for purposes of part A of title I of the Elementary and Secondary Education Act of 1965, and shall be eligible for assistance under such part, if the percentage of pupils enrolled in the public charter school during the preceding fiscal year who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act is equal to or greater than the lowest such percentage for any District of Columbia public school that was selected to provide services under section 1113 of such Act for such preceding year. (2) Allocation for fiscal years 1996 through 1998.-- (A) Public charter schools.--For fiscal years 1996 through 1998, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the District of Columbia's total allocation under such part which bears the same ratio to such total allocation as the number described in subparagraph (C) bears to the number described in subparagraph (D). (B) District of columbia public schools.--For fiscal years 1996 through 1998, the District of Columbia public schools shall receive a portion of the District of Columbia's total allocation under part A of title I of the Elementary and Secondary Education Act of 1965 which bears the same ratio to such total allocation as the total of the numbers described in clauses (ii) and (iii) of paragraph (2)(D) bears to the aggregate total described in paragraph (2)(D). (C) Number of eligible pupils enrolled in the public charter school.--The number described in this subparagraph is the number of pupils enrolled in the public charter school during the preceding fiscal year who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (D) Aggregate number of eligible pupils.--The number described in this subparagraph is the aggregate total of the following numbers: (i) The number of pupils enrolled during the preceding fiscal year in all eligible public charter schools who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (ii) The number of pupils who, during the preceding fiscal year-- (I) were enrolled in a District of Columbia public school selected to provide services under section 1113 of the Elementary and Secondary Education Act of 1965; and (II) were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (iii) The number of pupils who, during the preceding fiscal year-- (I) were enrolled in a private or independent school; (II) were eligible for, and received, free or reduced price school lunches under the National School Lunch Act; and [[Page H 11710]] (III) resided in an attendance area of a District of Columbia public school selected to provide services under section 1113 of the Elementary and Secondary Education Act of 1965. (3) Allocation for fiscal year 1999 and thereafter.-- (A) Calculation by secretary.--Notwithstanding sections 1124(a)(2), 1124(c)(2), 1124A(a)(4), 1125(c)(2), and 1125(d) of the Elementary and Secondary Education Act of 1965, for fiscal year 1999 and fiscal years thereafter, the total allocation under part A of title I of such Act for all local educational agencies in the District of Columbia, including public charter schools that are eligible to receive assistance under such part, shall be calculated by the Secretary of Education. In making such calculation, such Secretary shall treat all such local educational agencies as if they were a single local educational agency for the District of Columbia. (B) Allocation.-- (i) Public charter schools.--For fiscal year 1999 and fiscal years thereafter, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the total allocation calculated under subparagraph (A) which bears the same ratio to such total allocation as the number described in paragraph (2)(C) bears to the number described in paragraph (2)(D). (ii) District of columbia public schools.--For fiscal year 1999 and fiscal years thereafter, the District of Columbia public schools shall receive a portion of the total allocation calculated under subparagraph (A) which bears the same ratio to such total allocation as the total of the numbers described in clauses (ii) and (iii) of paragraph (2)(D) bears to the aggregate total described in paragraph (2)(D). (4) Use of esea funds.--The Board of Education may not direct a public charter school in the charter school's use of funds under part A of title I of the Elementary and Secondary Education Act of 1965. (5) Inapplicability of certain esea provisions.--The following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school: (A) Paragraphs (5), (8), and (9) of section 1112(b). (B) Subsection 1112(c). (C) Section 1113. (D) Section 1115A. (E) Subsections (a), (b), and (c) of section 1116. (F) Subsections (a), (c), (d), (e), (f), and (g) of section 1118. (G) Section 1120. (H) Subsections (a) and (c) of section 1120A. (I) Section 1120B. (J) Section 1126. (b) Property and Sales Taxes.--A public charter school shall be exempt from District of Columbia property and sales taxes. SEC. 2161. POWERS AND DUTIES OF ELIGIBLE CHARTERING AUTHORITIES. (a) Oversight.-- (1) In general.--An eligible chartering authority-- (A) shall monitor the operations of each public charter school to which the authority has granted a charter; (B) shall ensure that each such school complies with applicable laws and the provisions of the charter granted to the school; and (C) shall monitor the progress of each such school in meeting student academic achievement expectations specified in the charter granted to the school. (2) Production of books and records.--An eligible chartering authority may require a public charter school to which the authority has granted a charter to produce any book, record, paper, or document, if the authority determines that such production is necessary for the authority to carry out its functions under this title. (b) Fees.-- (1) Application fee.--An eligible chartering authority may charge an eligible applicant a fee, not to exceed $150, for processing a petition to establish a public charter school. (2) Administration fee.--In the case of an eligible chartering authority that has granted a charter to an public charter school, the authority may charge the school a fee, not to exceed one-half of one percent of the annual budget of the school, to cover the cost of undertaking the ongoing administrative responsibilities of the authority with respect to the school that are described in this subtitle. The school shall pay the fee to the eligible chartering authority not later than November 15 of each year. (c) Immunity from Civil Liability.-- (1) In general.--An eligible chartering authority, a governing board of such an authority, and the directors, officers, employees, and volunteers of such an authority, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission-- (A) constitutes gross negligence; (B) constitutes an intentional tort; or (C) is criminal in nature. (2) Common law immunity preserved.--Paragraph (1) shall not be construed to abrogate any immunity under common law of a person described in such paragraph. SEC. 2162. CHARTER RENEWAL. (a) Term.--A charter granted to a public charter school shall remain in force for a 5-year period, but may be renewed for an unlimited number of 5-year periods. (b) Application for Charter Renewal.--In the case of a public charter school that desires to renew its charter, the Board of Trustees of the school shall file an application to renew the charter with the eligible chartering authority that granted the charter not later than 120 days before the expiration of the charter. The application shall contain the following: (1) A report on the progress of the public charter school in achieving the goals, student academic achievement expectations, and other terms of the approved charter. (2) All audited financial statements for the public charter school for the preceding 4 years. (c) Approval of Charter Renewal Application.--The eligible chartering authority that granted a charter shall approve an application to renew the charter that is filed inaccordance with subsection (b) unless the authority determines that-- (1) the school committed a material violation of the conditions, terms, standards, or procedures set forth in the charter; or (2) the school failed to meet the goals and student academic achievement expectations set forth in the charter. (d) Procedures for Consideration of Charter Renewal.-- (1) Notice of right to hearing.--An eligible chartering authority that has received an application to renew a charter that is filed by a Board of Trustees in accordance with subsection (b) shall provide to the Board written notice of the right to an informal hearing on the application. The eligible chartering authority shall provide the notice not later than 15 days after the date on which the authority received the application. (2) Request for hearing.--Not later than 15 days after the date on which a Board of Trustees receives a notice under paragraph (1), the Board may request, in writing, an informal hearing on the application before the eligible chartering authority. (3) Date and time of hearing.-- (A) Notice.--Upon receiving a timely written request for a hearing under paragraph (2), an eligible chartering authority shall set a date and time for the hearing and shall provide reasonable notice of the date and time, as well as the procedures to be followed at the hearing, to the Board. (B) Deadline.--An informal hearing under this subsection shall take place not later than 30 days after an eligible chartering authority receives a timely written request for the hearing under paragraph (2). (4) Final decision.-- (A) Deadline.--An eligible chartering authority shall render a final decision, in writing, on an application to renew a charter-- (i) not later than 30 days after the date on which the authority provided the written notice of the right to a hearing, in the case of an application with respect to which such a hearing is not held; and (ii) not later than 30 days after the date on which the hearing is concluded, in the case of an application with respect to which a hearing is held. (B) Reasons for nonrenewal.--An eligible chartering authority that denies an application to renew a charter shall state in its decision, in reasonable detail, the grounds for the denial. (5) Alternatives upon nonrenewal.--An eligible chartering authority that denies an application to renew a charter granted to a public charter school, or whose decision approving such an application is reversed under section 2162(e), may--

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DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996
(House of Representatives - November 02, 1995)

Text of this article available as: TXT PDF [Pages H11704-H11735] DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996 The SPEAKER pro tempore. Pursuant to House Resolution 252 and rule XXIII, the Chair declares the House in the Committee of the Whole House on the State of the Union for the further consideration of the bill H.R. 2546. {time} 1257 in the committee of the whole Accordingly the House resolved itself into the Committee of the Whole House on the State of the Union for the further consideration of the bill (H.R. 2546) making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1996, and for other purposes, with Mr. Hastings of Washington in the chair. [[Page H 11705]] The Clerk read the title of the bill. The CHAIRMAN. When the Committee of the Whole House met on Wednesday, November 1, 1995, an amendment offered by the gentleman from Indiana [Mr. Hostettler] had been disposed of and the bill had been read through page 58 line 4. Are there further amendments to the bill? Mr. GUNDERSON. Mr. Chairman, I move to strike the last word. (Mr. GUNDERSON asked and was given permission to revise and extend his remarks.) Mr. GUNDERSON. Mr. Chairman, I took this time, because of the limited debate time and the request for so many Members to speak, as a way of saying a couple of things that I think are important. For those who were not paying attention yesterday, I want to begin by extending again my personal thanks to the gentleman from New York [Mr. Walsh], the gentlewoman from the District of Columbia [Ms. Norton], and the gentleman from California [Mr. Dixon], for all the cooperation between them and their staff, and the gentleman from Virginia [Mr. Davis], as well, from the District of Columbia Committee, and certainly the gentleman from Pennsylvania [Mr. Goodling], and all my colleagues on the Committee on Economic and Educational Opportunities, the gentleman from North Carolina [Mr. Ballenger], and others, for all of their work in this effort to try to bring about a consensus on this issue. {time} 1300 As many of my colleagues are aware, the Washington Post today said in their editorial, ``This is an education vote that counts,'' encouraging every Member on both sides of the aisle to vote ``yes'' on the District of Columbia school reform amendment that I am about to call up. Mr. Chairman, the reason I wanted to ask for special time, however, is because I think it is important that we deal head on with what is the misunderstanding by so many Members about this voucher issue. When this process began we had obviously the education reform movement in this country that said, ``You are not going to give new money to D.C., you are not going to give them more opportunities to expand education funding, unless you get some real reforms.'' On the other side we had the public education community that said very clearly, ``We are not about to support a package that creates a tool for taking public education dollars to fund private education initiatives.'' Mr. Chairman, I thought, frankly, they were both fair. So, we have very carefully, very methodically, over a long period of time, negotiated out what is the best possible compromise we can achieve on this issue. Under a private school voucher program, if a student leaves a public school to attend a private school, their per capita funding goes with them. Money leaves that public school and goes into that private school. Mr. Chairman, I can tell my Democratic friends, I have never once voted for a private school voucher program during my tenure in Congress. I am as opposed to that as my Democrat colleagues are. This bill does not, does not, does not include a private school voucher. It is very important that Members understand that. In exchange for that, what we have done is we have said we will set up a scholarship program for District of Columbia students. We will provide some start-up money at the Federal level, whatever the appropriations process down the line will bear. And let us be honest, based on the present circumstances, it is not going to be a lot, but whatever that will bear. We will then allow the scholarship board, made up of seven District of Columbia residents, again, I underline seven District of Columbia residents, to go out and raise private contributions. Whatever those two sources of revenue produce can be used in an equal number of public school scholarships and private school scholarships. Mr. Chairman, I think it is very important as we begin this process to understand if 100 students were to leave the District of Columbia public schools and to go to private schools, not one dime would leave the District of Columbia public school system. Not one dime would leave the public school system. We are not taking money from public schools to put it into private schools. This is a carefully crafted compromise. We cannot authorize $20 million in new education initiatives, leveraging probably twice that much in private resources to repair the buildings and equip the schools with technology equipment, without working out some kind of compromise on the reform issues. Mr. Chairman, this is as good a compromise as we can get. My colleagues' vote today will decide whether we have District of Columbia school reform, because we cannot work out an agreement that does not have this kind of a carefully crafted balance and get support on both sides of the aisle. Mr. DIXON. Mr. Chairman, I move to strike the last word. Mr. Chairman, the gentleman from Wisconsin [Mr. Gunderson] is absolutely correct. The time is very limited and so I would just like to take this opportunity to register my opposition, for I have a great number of speakers. Mr. Chairman, regarding the amendment that the gentleman from Wisconsin is about to present, the gentleman should be congratulated on the fact that he has tried to reach a consensus. The gentleman has worked with a lot of people. Unfortunately, in my view, the gentleman has not reached a consensus. Mr. Chairman, there are at least 20 organizations, including the Secretary of Education, the American Association of School Administrators, the Americans United for Separation of Church and State, that are all opposed to this. This is a 142-page amendment. It authorizes $100 million. It does not appropriate one dime. It belongs in the Committee on Economic and Educational Opportunities. There is great philosophical discord about this amendment. Mr. Chairman, $42 million could possibly go to private schools, and the bill is silent on whether those could be religious schools. I am not clear if they would have to be in the jurisdiction of the District or could be outside the District. Basically, this is public money, some $5 million over a 5-year period, public funds going to private schools. Mr. Chairman, I would oppose the amendment that the gentleman is about to offer. Amendment Offered by Mr. GUNDERSON Mr. GUNDERSON. Mr. Chairman, I offer an amendment, made in order by the rule. The CHAIRMAN (Mr. Hastings of Washington). The Clerk will designate the amendment. The text of the amendment is as follows: Amendment offered by Mr. Gunderson: At the end of the bill, add the following: TITLE II--DISTRICT OF COLUMBIA SCHOOL REFORM SEC. 2001. SHORT TITLE. This title may be cited as the ``District of Columbia School Reform Act of 1995''. SEC. 2002. DEFINITIONS. Except as otherwise provided, for purposes of this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate; (B) the Committee on Economic and Educational Opportunities of the House of Representatives and the Committee on Labor and Human Resources of the Senate; and (C) the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate. (2) Authority.--The term ``Authority'' means the District of Columbia Financial Responsibility and Management Assistance Authority established under section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (3) Average daily attendance.--The term ``average daily attendance'', when used with respect to a school and a period of time, means the aggregate attendance of the school during the period divided by the number of days during the period on which-- (A) the school is in session; and (B) the pupils of the school are under the guidance and direction of teachers. (4) Average daily membership.-- (A) Individual school.--The term ``average daily membership'', when used with respect to a school and a period of time, means the aggregate enrollment of the school during the period divided by the number of days during the period on which-- (i) the school is in session; and (ii) the pupils of the school are under the guidance and direction of teachers. [[Page H 11706]] (B) Groups of schools.--The term ``average daily membership'', when used with respect to a group of schools and a period of time, means the average of the average daily memberships during the period of the individual schools that constitute the group. (5) Board of education.--The term ``Board of Education'' means the Board of Education of the District of Columbia. (6) Board of trustees.--The term ``Board of Trustees'' means the governing board of a public charter school, the members of which board have been selected pursuant to the charter granted to the school and in a manner consistent with this title. (7) Control period.--The term ``control period'' means a period of time described in section 209 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (8) Core curriculum.--The term ``core curriculum'' means the concepts, factual knowledge, and skills that students in the District of Columbia should learn in kindergarten through 12th grade in academic content areas, including, at a minimum, English, mathematics, science, and history. (9) District of columbia council.--The term ``District of Columbia Council'' means the Council of the District of Columbia established pursuant to section 401 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 1-221). (10) District of columbia government.-- (A) In general.--The term ``District of Columbia government'' means the government of the District of Columbia, including-- (i) any department, agency, or instrumentality of the government of the District of Columbia; (ii) any independent agency of the District of Columbia established under part F of title IV of the District of Columbia Self-Government and Governmental Reorganization Act; (iii) any other agency, board, or commission established by the Mayor or the District of Columbia Council; (iv) the courts of the District of Columbia; (v) the District of Columbia Council; and (vi) any other agency, public authority, or public benefit corporation that has the authority to receive monies directly or indirectly from the District of Columbia (other than monies received from the sale of goods, the provision of services, or the loaning of funds to the District of Columbia). (B) Exceptions.--The term ``District of Columbia government'' does not include the following: (i) The Authority. (ii) A public charter school. (11) District of columbia government retirement system.-- The term ``District of Columbia government retirement system'' means the retirement programs authorized by the District of Columbia Council or the Congress for employees of the District of Columbia government. (12) District of columbia public school.-- (A) In general.--The term ``District of Columbia public school'' means a public school in the District of Columbia that offers classes-- (i) at any of the grade levels from prekindergarten through the 12th grade; or (ii) leading to a general education diploma. (B) Exception.--The term does not include a public charter school. (13) District of columbia public schools.--The term ``District of Columbia public schools'' means all schools that are District of Columbia public schools. (14) District-wide assessments.--The term ``district-wide assessments'' means reliable and unbiased student assessments administered by the Superintendent to students enrolled in District of Columbia public schools and public charter schools. (15) Eligible applicant.--The term ``eligible applicant'' means a person, including a private, public, or quasi-public entity and an institution of higher education (as defined in section 481 of the Higher Education Act of 1965), who seeks to establish a public charter school. (16) Eligible chartering authority.--The term ``eligible chartering authority'' means any of the following: (A) The Board of Education. (B) Any of the following public or federally-chartered universities: (i) Howard University. (ii) Gallaudet University. (iii) American University. (iv) George Washington University. (v) The University of the District of Columbia. (C) Any other entity designated by enactment of a bill as an eligible chartering authority by the District of Columbia Council after the date of the enactment of this Act. (17) Facilities management.--The term ``facilities management'' means the administration, construction, renovation, repair, maintenance, remodeling, improvement, or other oversight, of a building or real property of a District of Columbia public school. The term does not include the performance of any such act with respect to real property owned by a public charter school. (18) Family resource center.--The term ``family resource center'' means an information desk-- (A) located at a school with a majority of students whose family income is not greater than 185 percent of the poverty guidelines updated annually in the Federal Register by the Department of Health and Human Services under authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981; and (B) which links students and families to local resources and public and private entities involved in child care, adult education, health and social services, tutoring, mentoring, and job training. (19) Long-term reform plan.--The term ``long-term reform plan'' means the plan submitted by the Superintendent under section 2101. (20) Mayor.--The term ``Mayor'' means the Mayor of the District of Columbia. (21) Metrobus and metrorail transit system.--The term ``Metrobus and Metrorail Transit System'' means the bus and rail systems administered by the Washington Metropolitan Area Transit Authority. (22) Minor student.--The term ``minor student'' means an individual who-- (A) is enrolled in a District of Columbia public schools or a public charter school; and (B) is not beyond the age of compulsory school attendance, as prescribed in section 1 of article I, and section 1 of article II, of the Act of February 4, 1925 (sections 31-401 and 31-402, D.C. Code). (23) Nonresident student.--The term ``nonresident student'' means-- (A) an individual under the age of 18 who is enrolled in a District of Columbia public school or a public charter school, and does not have a parent residing in the District of Columbia; or (B) an individual who is age 18 or older and is enrolled in a District of Columbia public school or public charter school, and does not reside in the District of Columbia. (24) Panel.--The term ``Panel'' means the World Class Schools Panel established under subtitle D. (25) Parent.--The term ``parent'' means a person who has custody of a child enrolled in a District of Columbia public school or a public charter school, and who-- (A) is a natural parent of the child; (B) is a stepparent of the child; (C) has adopted the child; or (D) is appointed as a guardian for the child by a court of competent jurisdiction. (26) Petition.--The term ``petition'' means a written application, submitted by an eligible applicant to an eligible chartering authority, to establish a public charter school. (27) Promotion gate.--The term ``promotion gate'' means the criteria, developed by the Superintendent and approved by the Board of Education, that are used to determine student promotion at different grade levels. Such criteria shall include achievement on district-wide assessments that, to the greatest extent practicable, measure student achievement of the core curriculum. (28) Public charter school.--The term ``public charter school'' means a publicly funded school in the District of Columbia that is established pursuant to subtitle B. A public charter school is not a part of the District of Columbia public schools. (29) School.--The term ``school'' means-- (A) a public charter school; or (B) any other day or residential school that provides elementary or secondary education, as determined under State or District of Columbia law. (30) Student with special needs.--The term ``student with special needs'' has the meaning given such term by the Mayor and the District of Columbia Council under section 2301. (31) Superintendent.--The term ``Superintendent'' means the Superintendent of the District of Columbia public schools. (32) Teacher.--The term ``teacher'' means any person employed as a teacher by the Board of Education or by a public charter school. Subtitle A--District of Columbia Reform Plan SEC. 2101. LONG-TERM REFORM PLAN. (a) In General.-- (1) Plan.--The Superintendent, with the approval of the Board of Education, shall submit to the appropriate congressional committees, the Mayor, the District of Columbia Council, and the Authority a long-term reform plan, not later than February 1, 1996. The plan shall be consistent with the financial plan and budget for the District of Columbia for fiscal year 1996 required under section 201 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). (2) Consultation.-- (A) In general.--In developing the long-term reform plan, the Superintendent-- (i) shall consult with the Board of Education, Mayor, and District of Columbia Council, and, in a control period, with the Authority; and (ii) shall afford the public, interested organizations, and groups an opportunity to present their views and make recommendations regarding the long-term reform plan. (B) Summary of recommendations.--The Superintendent shall include in the long-term plan a summary of the recommendations made under subparagraph (A)(ii) and the response of the Superintendent to these recommendations. (b) Contents.-- (1) Areas to be addressed.--The long-term plan shall describe how the District of Columbia public schools will become a world-class education system which prepares students for life-time learning in the 21st century and which is on a par with the best education systems of other nations. The plan shall include a description of how the District of Columbia public schools will accomplish the following: (A) Achievement at nationally- and internationally- competitive levels by students attending District of Columbia public schools. [[Page H 11707]] (B) The creation of a performance-oriented workforce. (C) The construction and repair of District of Columbia public school facilities. (D) Local school governance, decentralization, autonomy, and parental choice among District of Columbia public schools; and (E) The implementation of an efficient and effective adult literacy program. (2) Other information.--For each of the items in subparagraphs (A) through (G) of paragraph (1), the long-term plan shall include-- (A) a statement of measurable, objective performance goals; (B) a description of the measures of performance to be used in determining whether the Superintendent and Board of Education have met the goals; (C) dates by which the goals must be met; (D) plans for monitoring and reporting progress to District of Columbia residents, the appropriate congressional committees, the Mayor, the District of Columbia Council, and the Authority; and (E) the title of the management employee of the District of Columbia public schools most directly responsible for the achievement of each goal and, with respect to each such employee, the title of the employee's immediate supervisor or superior. (c) Amendments.--The Superintendent, with the approval of the Board of Education, shall submit any amendment to the long-term plan to the appropriate congressional committees. Any amendment to the long-term plan shall be consistent with the financial plan and budget for fiscal year 1996 for the District of Columbia required under section 201 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8). Subtitle B--Public Charter Schools SEC. 2151. PROCESS FOR FILING CHARTER PETITIONS. (a) Existing Public School.--An eligible applicant seeking to convert an existing District of Columbia public school into a public charter school-- (1) shall prepare a petition to establish a public charter school that meets the requirements of section 2152; (2) shall provide a copy of the petition to-- (A) the parents of minor students attending the existing school; (B) adult students attending the existing school; and (C) employees of the existing school; (3) shall file the petition with an eligible chartering authority for approval after the petition-- (A) has been signed by a majority of the total number of-- (i) parents of minor students attending the school; and (ii) adult students attending the school; and (B) has been endorsed by at least a majority of full-time teachers at the school; and (4) shall explain in the petition the relationship that will exist between the public charter school and its employees. (b) Independent or Private School.--An eligible applicant seeking to convert an existing independent or private school in the District of Columbia into a public charter school-- (1) shall prepare a petition to establish a public charter school that meets the requirements of section 2152; (2) shall provide a copy of the petition to-- (A) the parents of minor students attending the existing school; (B) adult students attending the existing school; and (C) employees of the existing school; (3) shall file the petition with an eligible chartering authority for approval after the petition-- (A) has been signed by a majority of the total number of-- (i) parents of minor students attending the school; and (ii) adult students attending the school; and (B) has been endorsed by at least a majority of full-time teachers at the school; and (4) shall explain in the petition the relationship that will exist between the public charter school and its employees. (c) New School.--An eligible applicant seeking to establish in the District of Columbia a public charter school, but not seeking to convert an existing public, private, or independent school into a public charter school, shall file with an eligible chartering authority for approval a petition to establish a public charter school that meets the requirements of section 2152. SEC. 2152. CONTENTS OF PETITION. A petition to establish a public charter school shall include the following: (1) A statement defining the mission and goals of the proposed school. (2) A statement of the need for the proposed school in the geographic area of the school site. (3) A description of the proposed instructional goals and methods for the school, which includes, at a minimum-- (A) the methods that will be used to provide students with the knowledge, proficiency, and skills needed-- (i) to become nationally and internationally competitive students and educated individuals in the 21st century; and (ii) to perform competitively on any districtwide assessments; and (B) the methods that will be used to improve student self- motivation, classroom instruction, and learning for all students. (4) A description of the plan for evaluating student academic achievement of the proposed school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below the expectations of the school. (5) An operating budget for the first 2 years of the proposed school that is based on anticipated enrollment and contains-- (A) a description of the method for conducting annual audits of the financial, administrative, and programmatic operations of the school; (B) either-- (i) an identification of the site where the school will be located, including a description of any buildings on the site and any buildings proposed to be constructed on the site; or (ii) a timetable by which a such an identification will be made; (C) a description of any major contracts planned, with a value equal to or exceeding $10,000, for equipment and services, leases, improvements, purchases of real property, or insurance; and (D) a timetable for commencing operations as a public charter school. (6) A description of the proposed rules and policies for governance and operation of the school. (7) Copies of the proposed articles of incorporation and bylaws of the school. (8) The names and addresses of the members of the proposed Board of Trustees. (9) A description of the student enrollment, admission, suspension, and expulsion policies and procedures of the proposed school, and the criteria for making decisions in such areas. (10) A description of the procedures the school plans to follow to ensure the health and safety of students, employees, and guests of the school and to comply with applicable health and safety laws and regulations of the Federal Government and the District of Columbia. (11) An explanation of the qualifications that will be required of employees of the proposed school. (12) An identification, and a description, of the individuals and entities submitting the application, including their names and addresses, and the names of the organizations or corporations of which such individuals are directors or officers. SEC. 2153. PROCESS FOR APPROVING OR DENYING CHARTER PETITIONS. (a) Schedule.--An eligible chartering authority may establish a schedule for receiving petitions to establish a public charter school and shall publish any such schedule in the District of Columbia Register. An eligible chartering authority shall make a copy of any such schedule available to all interested persons upon request. (b) Public Hearing.--Not later than 45 days after a petition to establish a public charter school is filed with an eligible chartering authority, the authority shall hold a public hearing on the petition to gather the information that is necessary for the authority to make the decision to approve or deny the petition. (c) Notice.--Not later than 10 days prior to the scheduled date of a public hearing on a petition to establish a public charter school, an eligible chartering authority-- (1) shall publish a notice of the hearing in the District of Columbia Register; and (2) shall send a written notification of the hearing date to the eligible applicant who filed the petition. (d) Approval or Denial.--Subject to subsection (i), an eligible chartering authority shall approve a petition to establish a public charter school, if-- (1) the authority determines that the petition satisfies the requirements of this subtitle; and (2) the eligible applicant who filed the petition agrees to satisfy any condition or requirement, consistent with this title and other applicable law, that is set forth in writing by the eligible chartering authority as an amendment to the petition. (e) Timetable.--An eligible chartering authority shall approve or deny a petition to establish a public charter school not later than 45 days after the conclusion of the public hearing on the petition. (f) Extension.--An eligible chartering authority and an eligible applicant may agree to extend the 45-day time period referred to in subsection (e) by a period that does not exceed 30 days. (g) Explanation.--If an eligible chartering authority denies a petition or finds it to be incomplete, the authority shall specify in writing the reasons for its decision and indicate, when appropriate, how the eligible applicant who filed the petition may revise the petition to satisfy the requirements for approval. (h) Approved Petition.-- (1) Notice.--Not later than 10 days after an eligible chartering authority approves a petition to establish a public charter school, the authority shall provide a written notice of the approval, including a copy of the approved petition and any conditions or requirements agreed to under subsection (d)(2), to the eligible applicant and to the Chief Financial Officer of the District of Columbia. The eligible chartering authority shall publish a notice of the approval of the petition in the District of Columbia Register. (2) Charter.--The provisions of a petition to establish a public charter school that has been approved by an eligible chartering authority, together with any amendments to [[Page H 11708]] the petition containing conditions or requirements agreed to by the eligible applicant under subsection (d)(2), shall be considered a charter granted to the school by the authority. (i) Special Rules for First Year.--During the one-year period beginning on the date of the enactment of this Act, each eligible chartering authority-- (1) may approve not more than one petition filed by an eligible applicant seeking to convert an existing independent or private school into a public charter school; and (2) in considering a petition to establish a public charter school filed by any eligible applicant, shall consider whether the school will focus on students with special needs. (j) Exclusive Authority of Chartering Authority.-- Notwithstanding any other Federal law or law of the District of Columbia, no governmental entity, elected official, or employee of the District of Columbia may make, participate in making, or intervene in the making of, the decision to approve or deny a petition to establish a public charter school, except the eligible chartering authority with which the petition was filed. SEC. 2154. DUTIES AND POWERS OF, AND OTHER REQUIREMENTS ON, PUBLIC CHARTER SCHOOLS. (a) Duties.--A public charter school shall comply with-- (1) this subtitle; (2) any other provision of law applicable to the school; and (3) all of the terms and provisions of its charter. (b) Powers.--A public charter school shall have all of the powers necessary for carrying out its charter, including the following powers: (1) To adopt a name and corporate seal, but only if the name selected includes the words ``public charter school''. (2) To acquire real property for use as its school facilities, from public or private sources. (3) To receive and disburse funds for school purposes. (4) Subject to subsection (c)(1), to secure appropriate insurance and to make contracts and leases, including agreements to procure or purchase services, equipment, and supplies. (5) To incur debt in reasonable anticipation of the receipt of funds from the general fund of the District of Columbia or the receipt of other Federal or private funds. (6) To solicit and accept any grants or gifts for school purposes, if the school-- (A) does not accept any grants or gifts subject to any condition contrary to law or contrary to the terms of the petition to establish the school as a public charter school; and (B) maintains separate accounts for grants or gifts for financial reporting purposes. (7) To be responsible for its own operation, including preparation of a budget and personnel matters. (8) To sue and be sued in its own name. (c) Prohibitions and Other Requirements.-- (1) Contracting authority.-- (A) Notice requirement.--Except in the case of an emergency, with respect to any contract proposed to be awarded by a public charter school and having a value equal to or exceeding $10,000, the school shall publish a notice of a request for proposals in the District of Columbia Register not less than 30 days prior to the award of the contract. (B) Submission to authority.-- (i) Deadline for submission.--With respect to any contract described in subparagraph (A) that is awarded by a public charter school, the school shall submit to the Authority, not later than 3 days after the date on which the award is made, all bids for the contract received by the school, the name of the contractor who is awarded the contract, and the rationale for the award of the contract. (ii) Effective date of contract.-- (I) In general.--Subject to subclause (II), a contract described in subparagraph (A) shall become effective on the date that is 15 days after the date the school makes the submission under clause (i) with respect to the contract, or the effective date specified in the contract, whichever is later. (II) Exception.--A contract described in subparagraph (A) shall be considered null and void if the Authority determines, within 12 days of the date the school makes the submission under clause (i) with respect to the contract, that the contract endangers the economic viability of the public charter school. (2) Tuition.--A public charter school may not charge tuition, fees, or other mandatory payments, except to nonresident students. (3) Control.--A public charter school-- (A) shall exercise exclusive control over its expenditures, administration, personnel, and instructional methods, within the limitations imposed in this title; and (B) shall be exempt from statutes, policies, rules, and regulations governing District of Columbia public schools established by the Superintendent, Board of Education, Mayor, District of Columbia Council, or Authority, except as otherwise provided in this title or in the charter granted to the school. (4) Audits.--A public charter school shall be subject to the same financial audits, audit procedures, and fiduciary requirements as a District of Columbia public school. (5) Governance.--A public charter school shall be governed by a Board of Trustees in a manner consistent with the charter granted to the school, the provisions of this title, and any other law applicable to the school. (6) Other staff.--No employee of the District of Columbia public schools may be required to accept employment with, or be assigned to, a public charter school. (7) Other students.--No student enrolled in a District of Columbia public school may be required to attend a public charter school. (8) Taxes or bonds.--A public charter school shall not levy taxes or issue bonds. (9) Charter revision.--A public charter school seeking to revise its charter shall prepare a petition for approval of the revision and file it with the eligible chartering authority that granted the charter. The provisions of section 2153 shall apply to such a petition in the same manner as such provisions apply to a petition to establish a public charter school. (10) Annual report.-- (A) In general.--A public charter school shall submit an annual report to the eligible chartering authority that approved its charter and to the Authority. The school shall permit a member of the public to review any such report upon request. (B) Contents.--A report submitted under subparagraph (A) shall include the following data: (i) Student performance on any district-wide assessments. (ii) Grade advancement for students enrolled in the public charter school. (iii) Graduation rates, college admission test scores, and college admission rates, if applicable. (iv) Types and amounts of parental involvement. (v) Official student enrollment. (vi) Average daily attendance. (vii) Average daily membership. (viii) A financial statement audited by an independent certified public accountant. (ix) A list of all donors and grantors that have contributed monetary or in-kind donations having a value equal or exceeding $500 during the year that is the subject of the report. (C) Nonidentifying data.--Data described in subparagraph (B) that are included in an annual report may not identify the individuals to whom the data pertain. (11) Student enrollment report.--A public charter school shall report to the Mayor and the District of Columbia Council annual student enrollment on a grade-by-grade basis, including students with special needs, in a manner and form that permits the Mayor and the District of Columbia Council to comply with subtitle E. (12) Census.--A public charter school shall provide to the Board of Education student enrollment data necessary for the Board to comply with section 3 of article II of the Act of February 4, 1925 (D.C. Code, sec. 31-404) (relating to census of minors). (13) Complaint resolution process.--A public charter school shall establish an informal complaint resolution process. (14) Program of education.--A public charter school shall provide a program of education which shall include one or more of the following: (A) Pre-school. (B) Pre-kindergarten. (C) Any grade or grades from kindergarten through 12th grade. (D) Adult community, continuing, and vocational education programs. (15) Nonsectarian nature of schools.--A public charter school shall be nonsectarian. (16) Nonprofit status of school.--A public charter school shall be organized under the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et seq.). (17) Immunity from civil liability.-- (A) In general.--A public charter school, and its incorporators, Board of Trustees, officers, employees, and volunteers, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission-- (i) constitutes gross negligence; (ii) constitutes an intentional tort; or (iii) is criminal in nature. (B) Common law immunity preserved.--Subparagraph (A) shall not be construed to abrogate any immunity under common law of a person described in such subparagraph. SEC. 2155. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL. (a) Board of Trustees.--The members of a Board of Trustees of a public charter school shall be elected or selected pursuant to the charter granted to the school. Such a board shall have an odd number of members that does not exceed 7, of which-- (1) a majority shall be residents of the District of Columbia; and (2) at least 2 shall be a parent of a student attending the school. (b) Eligibility.--An individual is eligible for election or selection to the Board of Trustees of a public charter school if the person-- (1) is a teacher or staff member who is employed at the school; (2) is a parent of a student attending the school; or (3) meets the selection or election criteria set forth in the charter granted to the school. (c) Election or Selection of Parents.--In the case of the first Board of Trustees of a public charter school to be elected or selected after the date on which the school is granted a charter, the election or selection of the members under subsection (a)(2) shall occur on the earliest practicable date after classes at the school have commenced. Until [[Page H 11709]] such date, any other members who have been elected or selected shall serve as an interim Board of Trustees. Such an interim board may exercise all of the powers, and shall be subject to all of the duties, of a Board of Trustees. (d) Fiduciaries.--The Board of Trustees of a public charter school shall be fiduciaries of the school and shall set overall policy for the school. The Board of Trustees may make final decisions on matters related to the operation of the school, consistent with the charter granted to the school, this title, and other applicable law. SEC. 2156. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL. (a) Open Enrollment.--Enrollment in a public charter school shall be open to all students who are residents of the District of Columbia and, if space is available, to nonresident students who meet the tuition requirement in subsection (e). (b) Criteria for Admission.--A public charter school may not limit enrollment on the basis of a student's intellectual or athletic ability, measures of achievement or aptitude, or a student's disability. A public charter school may limit enrollment to specific grade levels or areas of focus of the school, such as mathematics, science, or the arts, where such a limitation is consistent with the charter granted to the school. (c) Random Selection.--If there are more applications to enroll in a public charter school from students who are residents of the District of Columbia than there are spaces available, students shall be admitted using a random selection process. (d) Admission to an Existing School.--During the 5-year period beginning on the date that a petition, filed by an eligible applicant seeking to convert an existing public, private, or independent school into a public charter school, is approved, the school shall give priority in enrollment to-- (1) students enrolled in the school at the time that the petition is granted; (2) the siblings of students described in paragraph (1); and (3) in the case of the conversion of an existing public school, students who reside within the attendance boundaries, if any, in which the school is located. (e) Nonresident Students.--Nonresident students shall pay tuition to a public charter school at the current rate established for District of Columbia public schools administered by the Board of Education for the type of program in which the student has enrolled. (f) Student Withdrawal.--A student may withdraw from a public charter school at any time and, if otherwise eligible, enroll in a District of Columbia public school administered by the Board of Education. (g) Expulsion and Suspension.--The principal of a public charter school may expel or suspend a student from the school based on criteria set forth in the charter granted to the school. SEC. 2157. EMPLOYEES. (a) Extended Leave of Absence Without Pay.-- (1) Leave of absence from district of columbia public schools.--The Superintendent shall grant, upon request, an extended leave of absence, without pay, to an employee of the District of Columbia public schools for the purpose of permitting the employee to accept a position at a public charter school for a 2-year term. (2) Request for extension.--At the end of a 2-year term referred to in paragraph (1), an employee granted an extended leave of absence without pay under the paragraph may submit a request to the Superintendent for an extension of the leave of absence for an additional 2-year term. The Superintendent may not unreasonably withhold approval of the request. (3) Rights upon termination of leave.--An employee granted an extended leave of absence without pay for the purpose described in paragraph (1) shall have the same rights and benefits under law upon termination of such leave of absence as an employee of the District of Columbia public schools who is granted an extended leave of absence without pay for any other purpose. (b) Retirement System.-- (1) Creditable service.--An employee of a public charter school who has received a leave of absence under subsection (a) shall receive creditable service, as defined in section 2604 of D.C. Law 2-139, effective March 3, 1979, (D.C. Code, sec. 1-627.4) and the rules established under such section, for the period of the employee's employment at the public charter school. (2) Authority to establish separate system.--A public charter school may establish a retirement system for employees under its authority. (3) Election of retirement system.--A former employee of the District of Columbia public schools who become an employee of a public charter school within 60 after the date the employee's employment with the District of Columbia public schools is terminated may, at the time the employee commences employment with the public charter school, elect-- (A) to remain in a District of Columbia government retirement system and continue to receive creditable service for the period of their employment at a public charter school; or (B) to transfer into a retirement system established by the public charter school pursuant to paragraph (2) . (4) Prohibited employment conditions.--No public charter school may require a former employee of the District of Columbia public schools to transfer to the public charter school's retirement system as a condition of employment. (5) Contributions.-- (A) Employees electing not to transfer.--In the case of a former employee of the District of Columbia public schools who elects to remain in a District of Columbia government retirement system pursuant to paragraph (3)(A), the public charter school that employs the person shall make the same contribution to such system on behalf of the person as the District of Columbia would have been required to make if the person had continued to be an employee of the District of Columbia public schools. (B) Employees electing to transfer.--In the case of a former employee of the District of Columbia public schools who elects to transfer into a retirement system of a public charter school pursuant to paragraph (3)(B), the applicable District of Columbia government retirement system from which the former employee is transferring shall compute the employee's contribution to that system and transfer this amount, to the retirement system by the public charter school. (c) Employment Status.--Notwithstanding any other provision of law, an employee of a public charter school shall not be considered to be an employee of the District of Columbia government for any purpose. SEC. 2158. REDUCED FARES FOR PUBLIC TRANSPORTATION. A student attending a public charter school shall be eligible for reduced fares on the Metrobus and Metrorail Transit System on the same terms and conditions as are applicable under section 2 of D.C. Law 2-152, effective March 9, 1979, (D.C. Code, sec. 44-216 et seq.) to a student attending a District of Columbia public school. SEC. 2159. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO PUBLIC CHARTER SCHOOLS. The Superintendent may provide services such as facilities maintenance to public charter schools. All compensation for costs of such services shall be subject to negotiation and mutual agreement between a public charter school and the Superintendent. SEC. 2160. APPLICATION OF LAW. (a) Elementary and Secondary Education Act.-- (1) Treatment as local educational agency.--For any fiscal year, a public charter school shall be considered to be a local educational agency for purposes of part A of title I of the Elementary and Secondary Education Act of 1965, and shall be eligible for assistance under such part, if the percentage of pupils enrolled in the public charter school during the preceding fiscal year who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act is equal to or greater than the lowest such percentage for any District of Columbia public school that was selected to provide services under section 1113 of such Act for such preceding year. (2) Allocation for fiscal years 1996 through 1998.-- (A) Public charter schools.--For fiscal years 1996 through 1998, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the District of Columbia's total allocation under such part which bears the same ratio to such total allocation as the number described in subparagraph (C) bears to the number described in subparagraph (D). (B) District of columbia public schools.--For fiscal years 1996 through 1998, the District of Columbia public schools shall receive a portion of the District of Columbia's total allocation under part A of title I of the Elementary and Secondary Education Act of 1965 which bears the same ratio to such total allocation as the total of the numbers described in clauses (ii) and (iii) of paragraph (2)(D) bears to the aggregate total described in paragraph (2)(D). (C) Number of eligible pupils enrolled in the public charter school.--The number described in this subparagraph is the number of pupils enrolled in the public charter school during the preceding fiscal year who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (D) Aggregate number of eligible pupils.--The number described in this subparagraph is the aggregate total of the following numbers: (i) The number of pupils enrolled during the preceding fiscal year in all eligible public charter schools who were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (ii) The number of pupils who, during the preceding fiscal year-- (I) were enrolled in a District of Columbia public school selected to provide services under section 1113 of the Elementary and Secondary Education Act of 1965; and (II) were eligible for, and received, free or reduced price school lunches under the National School Lunch Act. (iii) The number of pupils who, during the preceding fiscal year-- (I) were enrolled in a private or independent school; (II) were eligible for, and received, free or reduced price school lunches under the National School Lunch Act; and [[Page H 11710]] (III) resided in an attendance area of a District of Columbia public school selected to provide services under section 1113 of the Elementary and Secondary Education Act of 1965. (3) Allocation for fiscal year 1999 and thereafter.-- (A) Calculation by secretary.--Notwithstanding sections 1124(a)(2), 1124(c)(2), 1124A(a)(4), 1125(c)(2), and 1125(d) of the Elementary and Secondary Education Act of 1965, for fiscal year 1999 and fiscal years thereafter, the total allocation under part A of title I of such Act for all local educational agencies in the District of Columbia, including public charter schools that are eligible to receive assistance under such part, shall be calculated by the Secretary of Education. In making such calculation, such Secretary shall treat all such local educational agencies as if they were a single local educational agency for the District of Columbia. (B) Allocation.-- (i) Public charter schools.--For fiscal year 1999 and fiscal years thereafter, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the total allocation calculated under subparagraph (A) which bears the same ratio to such total allocation as the number described in paragraph (2)(C) bears to the number described in paragraph (2)(D). (ii) District of columbia public schools.--For fiscal year 1999 and fiscal years thereafter, the District of Columbia public schools shall receive a portion of the total allocation calculated under subparagraph (A) which bears the same ratio to such total allocation as the total of the numbers described in clauses (ii) and (iii) of paragraph (2)(D) bears to the aggregate total described in paragraph (2)(D). (4) Use of esea funds.--The Board of Education may not direct a public charter school in the charter school's use of funds under part A of title I of the Elementary and Secondary Education Act of 1965. (5) Inapplicability of certain esea provisions.--The following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school: (A) Paragraphs (5), (8), and (9) of section 1112(b). (B) Subsection 1112(c). (C) Section 1113. (D) Section 1115A. (E) Subsections (a), (b), and (c) of section 1116. (F) Subsections (a), (c), (d), (e), (f), and (g) of section 1118. (G) Section 1120. (H) Subsections (a) and (c) of section 1120A. (I) Section 1120B. (J) Section 1126. (b) Property and Sales Taxes.--A public charter school shall be exempt from District of Columbia property and sales taxes. SEC. 2161. POWERS AND DUTIES OF ELIGIBLE CHARTERING AUTHORITIES. (a) Oversight.-- (1) In general.--An eligible chartering authority-- (A) shall monitor the operations of each public charter school to which the authority has granted a charter; (B) shall ensure that each such school complies with applicable laws and the provisions of the charter granted to the school; and (C) shall monitor the progress of each such school in meeting student academic achievement expectations specified in the charter granted to the school. (2) Production of books and records.--An eligible chartering authority may require a public charter school to which the authority has granted a charter to produce any book, record, paper, or document, if the authority determines that such production is necessary for the authority to carry out its functions under this title. (b) Fees.-- (1) Application fee.--An eligible chartering authority may charge an eligible applicant a fee, not to exceed $150, for processing a petition to establish a public charter school. (2) Administration fee.--In the case of an eligible chartering authority that has granted a charter to an public charter school, the authority may charge the school a fee, not to exceed one-half of one percent of the annual budget of the school, to cover the cost of undertaking the ongoing administrative responsibilities of the authority with respect to the school that are described in this subtitle. The school shall pay the fee to the eligible chartering authority not later than November 15 of each year. (c) Immunity from Civil Liability.-- (1) In general.--An eligible chartering authority, a governing board of such an authority, and the directors, officers, employees, and volunteers of such an authority, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission-- (A) constitutes gross negligence; (B) constitutes an intentional tort; or (C) is criminal in nature. (2) Common law immunity preserved.--Paragraph (1) shall not be construed to abrogate any immunity under common law of a person described in such paragraph. SEC. 2162. CHARTER RENEWAL. (a) Term.--A charter granted to a public charter school shall remain in force for a 5-year period, but may be renewed for an unlimited number of 5-year periods. (b) Application for Charter Renewal.--In the case of a public charter school that desires to renew its charter, the Board of Trustees of the school shall file an application to renew the charter with the eligible chartering authority that granted the charter not later than 120 days before the expiration of the charter. The application shall contain the following: (1) A report on the progress of the public charter school in achieving the goals, student academic achievement expectations, and other terms of the approved charter. (2) All audited financial statements for the public charter school for the preceding 4 years. (c) Approval of Charter Renewal Application.--The eligible chartering authority that granted a charter shall approve an application to renew the charter that is filed inaccordance with subsection (b) unless the authority determines that-- (1) the school committed a material violation of the conditions, terms, standards, or procedures set forth in the charter; or (2) the school failed to meet the goals and student academic achievement expectations set forth in the charter. (d) Procedures for Consideration of Charter Renewal.-- (1) Notice of right to hearing.--An eligible chartering authority that has received an application to renew a charter that is filed by a Board of Trustees in accordance with subsection (b) shall provide to the Board written notice of the right to an informal hearing on the application. The eligible chartering authority shall provide the notice not later than 15 days after the date on which the authority received the application. (2) Request for hearing.--Not later than 15 days after the date on which a Board of Trustees receives a notice under paragraph (1), the Board may request, in writing, an informal hearing on the application before the eligible chartering authority. (3) Date and time of hearing.-- (A) Notice.--Upon receiving a timely written request for a hearing under paragraph (2), an eligible chartering authority shall set a date and time for the hearing and shall provide reasonable notice of the date and time, as well as the procedures to be followed at the hearing, to the Board. (B) Deadline.--An informal hearing under this subsection shall take place not later than 30 days after an eligible chartering authority receives a timely written request for the hearing under paragraph (2). (4) Final decision.-- (A) Deadline.--An eligible chartering authority shall render a final decision, in writing, on an application to renew a charter-- (i) not later than 30 days after the date on which the authority provided the written notice of the right to a hearing, in the case of an application with respect to which such a hearing is not held; and (ii) not later than 30 days after the date on which the hearing is concluded, in the case of an application with respect to which a hearing is held. (B) Reasons for nonrenewal.--An eligible chartering authority that denies an application to renew a charter shall state in its decision, in reasonable detail, the grounds for the denial. (5) Alternatives upon nonrenewal.--An eligible chartering authority that denies an application to renew a charter granted to a public charter school, or whose decision approving such an application is reversed under section 2162(e),