District of Columbia Administrative Code

3512 [RESERVED]

3513 DESIGN AND CONSTRUCTION 3513.1 The Superintendent shall prepare an administrative procedures guide (“Guide”), updated as required, outlining procedures related to planning, design and construction of school facilities. 3513.2 The Guide shall cover the Master Plan, CIP, proje…

3514 PUBLIC/PRIVATE DEVELOPMENT PROJECTS 3514.1 For purposes of this section, a public/private development partnership (“PPDP”) is one in which an individual or organization, not affiliated with DCPS, partners with DCPS to utilize a DCPS-controlled real estate asset in such a man…

3600 GENERAL POLICY 3600.1 It shall be the goal of the Board of Education to make the most efficient and practical use of its school buildings and other physical facilities. 3600.2 In order to accomplish its goal of making the most efficient and practical use of Public School bui…

3601 PRIORITIES FOR UTILIZATION OF SCHOOLS, RELOCATION OF STUDENTS AND PROGRAMS, AND CLOSING OF FACILITIES 3601.1 Existing school buildings that have been specifically replaced by newly constructed buildings, as indicated by the designation of the project in the capital budget as…

3602 SURVEY OF UTILIZATION OF SCHOOL BUILDINGS 3602.1 The Superintendent of Schools shall undertake a survey of the public school buildings utilizing the criteria set forth in this section. 3602.2 The Superintendent’s Survey of Utilization of School Buildings shall include analys…

3603 RECOMMENDATIONS ON PHASING OUT AND CLOSING OF BUILDINGS 3603.1 If the findings and analysis of the overall factors of utilization, as provided in § 3602, indicates that a facility is not being used in an effective and efficient manner, the Superintendent of Schools shall mak…

3604 [RESERVED]

3605 SUPERINTENDENT'S RECOMMENDATIONS FOR PHASING OUT OR CLOSING SCHOOL BUILDINGS 3605.1 Public school buildings that are vacant, underutilized, or incapable of being efficiently and effectively operated may be phased out or closed by the Board of Education upon the written recom…

3606 PROPOSED SCHOOL CLOSING ACTION BY THE BOARD OF EDUCATION 3606.1 The Board of Education shall consider all of the recommendations of the Superintendent, along with the recommendations of the of the reviewing committee, and shall make proposed findings and determinations on th…

3607 NOTICE OF PROPOSED SCHOOL CLOSING ACTION 3607.1 For each determination of proposed phasing out or closing of a school building by the Board, a notice of proposed action shall be published in the D.C. Register. 3607.2 Notice of proposed action to close or phase out a school b…

3608 SPECIAL COMMUNITY MEETINGS ON PROPOSED SCHOOL CLOSINGS 3608.1 After taking proposed action and prior to taking final action on a recommendation to phase out or close a school building, the Board of Education shall hold a special community meeting to receive input and comment…

3609 FINAL ACTION ON SCHOOL CLOSINGS 3609.1 The Board of Education shall take final action to approve or disapprove each proposed phasing out or closing at its next regular scheduled meeting after the special community meeting, or at a special meeting called for this purpose. 360…

3610 DISPOSITION OF CLOSED PUBLIC SCHOOL BUILDINGS 3610.1 When possible, the determination by the Board of Education to close a school building shall include a determination of the disposition of the closed building. 3610.2 The determination of the Board of Education on the dispo…

3611 FACTORS FOR CONSIDERATION IN THE DISPOSITION OF CLOSED BUILDINGS 3611.1 In making its determination of the disposition of a closed building, the Board of Education shall take into consideration the following factors: (a) The suitability and need for the land that the buildin…

3612 BUILDINGS NO LONGER NEEDED FOR DIRECT EDUCATIONAL PURPOSES 3612.1 Buildings that are no longer needed for direct educational purposes, and for which no alternative Public School use or non-public school educational or alternative use is designated, may be declared no longer …

3613 DISPOSITION OF CLOSED TEMPORARY AND DEMOUNTABLE STRUCTURES 3613.1 All temporary and demountable structures that have been closed by the Board of Education shall be automatically declared no longer needed for direct educational purposes by the Board of Education and shall be …

3614 [RESERVED]

3615 USE OF CLOSED BUILDINGS FOR NON- PUBLIC SCHOOL PURPOSES 3615.1 Buildings that the Board of Education has declared no longer needed for its own direct educational purposes may be designated by the Board for use by non-public school individuals or organizations for educational…

3700 GENERAL PROVISIONS 3700.1 The provisions of this chapter are adopted pursuant to the Educational Policy Amendments Act of 1980, D.C. Law 3-82. 3700.2 Except to the extent specifically reserved to the Board of Education by this chapter, the Superintendent of Schools, in furth…

3701 PROCEDURES FOR IMPLEMENTATION 3701.1 In the implementation of this chapter, the Superintendent shall be authorized to enter into agreements and understandings with the Mayor and officials of the Executive Branch to facilitate and strengthen the school system’s procurement au…

3702 APPROVAL AUTHORITY 3702.1 The Superintendent of Schools shall designate a procurement officer who shall have the primary responsibility to assure compliance with applicable laws and regulations, procedures, and the dictates of good management practice in the conduct of an ef…

3703 COMPETITIVE SEALED BIDDING 3703.1 Contracts exceeding the amount provided by § 3707 shall be awarded by competitive sealed bidding unless it is determined in writing by the Superintendent or his or her delegee that this method is not practicable. 3703.2 Factors to be conside…

3704 COMPETITIVE NEGOTIATIONS 3704.1 Whenever it is determined by the Superintendent or his or her designee in writing that the use of competitive sealed bidding is not practicable and advantageous, and except as provided in §§ 3706 and 3707, a contract may be awarded by competit…

3705 NEGOTIATED AWARD IF ALL BIDS EXCEED AVAILABLE FUNDS 3705.1 If all bids submitted pursuant to competitive sealed bidding under § 3703 result in bid prices in excess of the funds available for the purchase, a negotiated award may be made in accordance with this section; provid…

3706 NON-COMPETITIVE NEGOTIATIONS 3706.1 A contract may be made by non-competitive negotiation only when competition is not feasible or practicable, as determined in writing prior to an award and maintained in the appropriate official contract file, under procedures promulgated b…

3707 SMALL PURCHASES 3707.1 Separate purchases, not to exceed an aggregate amount of fifteen thousand dollars ($15,000), shall be made in accordance with small purchase procedures promulgated by the Superintendent. 3707.2 Purchasing requirements shall not be artificially divided …

3708 QUALIFICATIONS AND DUTIES OF BIDDERS AND OFFERORS 3708.1 In order to be determined to be responsible, a prospective bidder shall, in the opinion of the Superintendent or his or her designee, meet the following standards as they relate to the particular procurement under cons…

3709 SUSPENSION AND DEBARMENT 3709.1 The Superintendent shall establish procedures consistent with this section for the suspension and debarment for cause of bidders and offerors, after reasonable notice to the person or concern involved, and reasonable opportunity for that perso…

3710 DURATION AND CANCELLATION OF CONTRACTS 3710.1 Unless otherwise provided in an appropriations act or approved by the Council pursuant to law, a contract for supplies or services may be entered into for a period of not more than five (5) years, if funds for the first fiscal ye…

3711 INSPECTION OF PLANT AND AUDIT OF RECORDS 3711.1 The school system may inspect the plant or place of business of a contractor or subcontractor under any contract awarded or to be awarded by the school system. 3711.2 The school system may audit the financial and supporting rec…

3712 RIGHTS IN DATA 3712.1 All data first produced in the performance of a contract shall be the sole property of the school system. 3712.2 As a condition to entering into a contract, a contractor shall agree not to assert any rights at common law or in equity or to establish any…

3713 CONTRACT DISPUTES 3713.1 Except as otherwise provided in the contract, any dispute concerning a question of fact arising under the contract that cannot be disposed of by agreement shall be decided by the procurement officer. 3713.2 The procurement officer shall reduce his or…

3714 PROTESTS 3714.1 The procurement officer shall have authority to adjudicate protests and other controversies of actual or prospective bidders or offerors in connection with the solicitation of or selection for award of a contract. 3714.2 Any protest by an aggrieved party shal…

3715 NON-DISCRIMINATION IN EMPLOYMENT 3715.1 As a condition of entering into a negotiated services contract, the contractor shall not discriminate against any employee or applicant for employment because of any protected category addressed by the Human Rights Act of 1977, D.C. La…

3716 CONTRACTING ETHICS AND CONFLICTS OF INTEREST 3716.1 It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a school system contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. 3716.2 N…

3800 STATE EDUCATION AGENCY POLICY 3800.1 The Board of Education, as the State Education Agency (SEA) for the District of Columbia, shall ensure the proper effecting of its inherent state responsibilities. Such responsibilities include, but are not limited to, the functions state…

3801 STATE EDUCATION AGENCY RESPONSIBILITIES 3801.1 The Board of Education’s State Education Agency responsibilities shall include, but not be limited to: (a) Acquisition and administration of federal grants on behalf of funding or services for all eligible local education agenci…

3802 IMPLEMENTATION 3802.1 The Superintendent of Schools, as State Education Officer, is to implement appropriate directives to execute his responsibilities. SOURCE: Final Rulemaking published at 49 DCR 8877, 8878 (September 27, 2002).

3803 PLACEMENT IN PRIVATE SCHOOL BY SEA OF STUDENTS WITH DISABILITIES 3803.1 The SEA shall ensure that each child with a disability placed in or referred to a private school or facility by the SEA: (a) Receives special education and related services, at no cost to the parent and …

3804 IDENTIFICATION OF PERSISTENTLY DANGEROUS SCHOOLS 3804.1 The District of Columbia Public Schools acting as the State Educational Agency (SEA) shall identify, by July 1 of each year, all public schools within District of Columbia's Local Education Agencies (LEAS) and all publi…

3805 PERSISTENTLY DANGEROUS SCHOOLS TRANSFER OPTION 3805.1 A student who is enrolled at a school determined to be persistently dangerous shall have the right to transfer to a destination school within the District of Columbia’s LEAS and remain there until the originating school i…

3806 LOCAL EDUCATION AGENCY (LEA) NOTIFICATION AND APPEALS PROCESS 3806.1 (a) No later than June 15 of each year, the SEA shall notify the LEAs about schools that are likely to be designated persistently dangerous and provide each school with the following data used by the SEA to…

3807 NOTIFICATION OF PARENTS AND COMPLETION OF TRANSFERS 3807.1 The LEA shall notify parents of students at affected schools of their school’s status and the option to transfer no later than one month following a school’s designation as persistently dangerous. 3807.2 The LEA shal…

3808 CORRECTIVE ACTION FOR PERSISTENTLY DANGEROUS SCHOOLS 3808.1 Each LEA must develop and submit to the SEA a corrective action plan for all schools within the LEA that have been identified as persistently dangerous within twenty (20) days of a school’s final designation as pers…

3809 INDIVIDUAL STUDENT VICTIM TRANSFER OPTION 3809.1 A student shall also have the right to transfer to a destination school within the District of Columbia’s LEAS if he or she has been the victim of (a) a violent crime committed on school grounds, during school operating hours,…

3810 DISTRICT OF COLUMBIA STANDARDS FOR ACHIEVEMENT IN ENGLISH LANGUAGE ARTS 3810.1 The “District of Columbia English Language Arts Pre-K Through Grade 12 Standards” are adopted for use by all schools in the District of Columbia. The Standards shall be made available to the publi…

3811 DISTRICT OF COLUMBIA STANDARDS FOR ACHIEVEMENT IN MATHEMATICS 3811.1 The "District of Columbia Mathematics Pre-K Through Grade 12 Standards" are adopted for use by all schools in the District of Columbia. The Standards shall be made available to the public: (a) Upon request …

3812 DISTRICT OF COLUMBIA STANDARDS FOR ACHIEVEMENT IN SCIENCE 3812.1 The "District of Columbia Science Pre-K through Grade 12 Standards" are adopted for use by all public schools in the District of Columbia. The Standards shall be made available to the public: (a) Upon request t…