The DC Code: § 38-102 General policies; expenditures; appointment of employees.

a

The Board of Education shall determine all questions of general policy relating to the schools and the Superintendent shall implement such policy. The Board of Education shall appoint and evaluate the Superintendent who shall be responsible for the day-to-day operation of the schools.

b

The Board of Education shall, at least every 2 years, adopt and publish an Education Policy Agenda that establishes spending priorities, goals and objectives; that establishes the organizational chart for the District of Columbia Public Schools; and that recognizes the policy-setting role of the Board and the management role of the Superintendent. In the course of preparing the Agenda, the Board of Education and the Superintendent shall take into account the recommendations of the Mayor, community and parent organizations, and recognized experts in the fields of education and finance. The Agenda shall be published in the D.C. Register and newspapers of general circulation.

c

The Board of Education shall hire the Superintendent of Schools who shall be the chief executive officer for District of Columbia Public Schools, serve as a nonvoting member of the Board, and be responsible for the operations of the schools. The Board and Superintendent shall negotiate a performance contract setting forth the specific responsibilities of the Superintendent and shall make the contract available to the public on request. The Board shall have the authority to remove the Superintendent.

d

The Board of Education shall establish personnel policies and guidelines for the hiring of principals and other personnel by the Superintendent, but shall not make or approve personnel decisions or negotiate with representatives of employee organizations.

e

The Board of Education shall establish guidelines and goals for academic achievement.

Historical and Statutory

Prior Codifications 1981 Ed., § 31-102. 1973 Ed., § 31-103. Effect of Amendments D.C. Law 13-149 rewrote this section, which formerly read: "The Board shall determine all questions of general policy relating to the schools, shall appoint the executive officers hereinafter provided for, define their duties, and direct expenditures. All expenditures of public funds for such school purposes shall be made and accounted for as now provided by law under the direction and control of the Mayor of the District of Columbia. The Board shall appoint all teachers in the manner hereinafter prescribed and all other employees provided for in this chapter." Section 7 of D.C. Law 13-149 provides: "This act shall apply upon the effective date of the School Governance Charter Amendment Act of 2000." D.C. Law 17-353, in the section credit, validated a previously made technical correction. Emergency Act Amendments For temporary (90 day) addition, see § 2 of the District of Columbia Public Schools Partnership Emergency Act of 2012 (D.C. Act 19-395, July 18, 2012, 59 DCR 8703). For temporary (90 day) addition of section, see § 2 of District of Columbia Public Schools Partnership Congressional Review Emergency Act of 2012 (D.C. Act 19-543, November 15, 2012, 59 DCR 13586). Legislative History of Laws For D.C. Law 13-149, see notes following § 38-101. Law 17-353, the "Technical Amendments Act of 2008", was introduced in Council and assigned Bill No. 17-994 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively.   Signed by the Mayor on January 15, 2009, it was assigned Act No. 17-687 and transmitted to both Houses of Congress for its review.   D.C. Law 17-353 became effective on March 25, 2009. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. Miscellaneous Notes Establishment of District of Columbia Advisory Committee on Education: See Mayor's Order 89-256, November 7, 1989. DC CODE § 38-102 Current through December 11, 2012

Credits

(June 20, 1906, 34 Stat. 317, ch. 3446, § 2(g); Apr. 22, 1968, 82 Stat. 102, Pub. L. 90-292, § 3(b); July 18, 2000, D.C. Law 13-149, § 3, 47 DCR 4639; Mar. 25, 2009, D.C. Law 17-353, § 206, 56 DCR 1117.)