§ 38.2902

Applicability of Formula. *NOTE: This codification is not the most current, due to recent law changes. To see the current law (including emergency and temporary legislation, if relevent) click this link: Current Version* (a) The Formula shall apply to operating budget appropriations for District of Columbia resident students in DCPS and Public Charter Schools of the District of Columbia. The student count to which the Formula is applied shall not include students enrolled in private institutions providing special education services paid by the District of Columbia or to nonresident students subject to the requirement of paying tuition pursuant to Chapter 3 of this title. (b) The Formula shall apply only to operating budget appropriations from the District of Columbia General Fund for DCPS and Public Charter Schools; except, that the Formula shall not apply to: (1) For Fiscal Year 2022 and 2023, funding allocated to a DCPS school to meet the requirement of § 38-2907.01 [Repealed by emergency act] that the school be provided with not less than 95% of its prior year allocation of Formula funds; (2) Funds from federal or other revenue sources; (3) Funds appropriated

1 [Repealed by emergency act] that the school be provided with not less than 95% of its prior year allocation of Formula funds; (2) Funds from federal or other revenue sources; (3) Funds appropriated to other agencies and funds of the District government; (4) Any program operated by DCPS that provides special education outreach, referral, and evaluation services for children under 5 years 11 months of age ('eligible children'), if the program serves eligible children who have not yet entered the school system or are homeschooled; or (5) IMPACTplus bonus payments. (b-1) Starting in Fiscal Year 2025, the cost of IMPACTplus bonus payments shall be paid from operating budget appropriations from the General Fund for DCPS and included in the Formula. (c) The Formula shall apply only to Public Charter Schools until the DCPS student enrollment count is verified by an independent contractor who shall perform a census on the student enrollment of the DCPS. The count shall include the information provided in § 38-1804.02(b). (Mar. 26, 1999, D.C. Law 12-207, § 103, 45 DCR 8095; Nov. 13, 2021, D.C. Law 24-45, § 4002(b), 68 DCR 10163; Sept. 21, 2022, D.C.

The count shall include the information provided in § 38-1804.02(b). (Mar. 26, 1999, D.C. Law 12-207, § 103, 45 DCR 8095; Nov. 13, 2021, D.C. Law 24-45, § 4002(b), 68 DCR 10163; Sept. 21, 2022, D.C. Law 24-167, § 4002(a), 69 DCR 9223; Sept. 6, 2023, D.C. Law 25-50, § 4002(a), 70 DCR 10366.) Prior Codifications 1981 Ed., § 31-2902. Emergency Legislation For temporary addition of chapter, see note to § 38-2901. For temporary (90 day) amendment of section, see § 2(b) of the Uniform Per Student Funding Formula Emergency Amendment Act of 2000 (D.C. Act 13-485, December 18, 2000, 48 DCR 20). For temporary (90 day) amendment of section, see § 2(b) of Uniform Per Student Funding Formula For Public Schools and Public Charter Schools Emergency Amendment Act of 2001 (D.C. Act 14-18, March 16, 2001, 48 DCR 2691). Temporary Legislation Section 2(b) of D.C. Law 13-262, rewrote this section to read as follows: '(a) The Formula shall apply to operating budget appropriations for District of Columbia resident students in DCPS and Public Charter Schools of the District of Columbia. The student count to which the Formula is applied shall not include students enrolled in private institutions

olumbia resident students in DCPS and Public Charter Schools of the District of Columbia. The student count to which the Formula is applied shall not include students enrolled in private institutions providing special education services paid by the District of Columbia or to nonresident students subject to the requirement of paying tuition pursuant to 38-302 through 38-306. For purposes of adult education only, as defined in section 102(1), the Formula shall apply to the University of the District of Columbia (‘UDC’). '(b) The Formula shall apply only to operating budget appropriations from the District of Columbia General Fund for DCPS, for public charter schools, and for the adult education program of UDC Public Charter Schools. It shall not apply to funds from federal or other revenue sources, or to funds appropriated to other agencies and funds of the District government.' '(c) Repealed.' Section 4(b) of D.C. Law 13-262 provided that the act shall expire after 225 days of its having taken effect. Section 2(b) of D.C. Law 14-6, in subsec. (a), added the following to the end: 'For purposes of adult education only, as defined in section 102(1), the Formula shall apply to the

having taken effect. Section 2(b) of D.C. Law 14-6, in subsec. (a), added the following to the end: 'For purposes of adult education only, as defined in section 102(1), the Formula shall apply to the University of the District of Columbia (‘UDC’).'; in subsec. (b), substituted ', for public charter schools, and for the adult education program of UDC' for 'and for'; and repealed subsec. (c). Section 4(b) of D.C. Law 14-6 provided that the act shall expire after 225 days of its having taken effect. See Historical and Statutory Notes following § 38-2901.