District of Columbia Administrative Code

612 UNFAIR LABOR PRACTICES 612.1 It shall be an unfair labor practice for the Board or its agent to do any of the following: (a) Interfere with, restrain, or coerce any employee in the exercise of rights assured by this chapter; (b) Sponsor, control, or otherwise assist or influe…

613 PROHIBITION OF STRIKES 613.1 No employee or labor organization shall engage in a strike, and no employee or labor organization shall call for, instigate, encourage, participate in, or condone a strike. 613.2 An employee who violates the provisions of § 613.1 of this section s…

699 DEFINITIONS 699.1 When used in this chapter or in Chapter 7, the following terms and phrases shall have the meanings ascribed: Agreement - a written understanding between the Board of Education and an exclusively recognized labor organization that establishes, for a specific …

700 COLLECTIVE BARGAINING 700.1 The Board and a labor organization that has been certified as an exclusively recognized representative shall meet at reasonable times, through their authorized agents, to negotiate in good faith with respect to matters within the scope of collectiv…

701 NEGOTIATIONS: GENERAL PROVISIONS 701.1 The Board of Education shall notify the public of the pending expiration of an existing ratified agreement not less than six (6) months prior to the date of expiration. 701.2 Copies of the existing agreement shall be provided, upon reque…

702 NEGOTIATIONS: INITIAL PROPOSALS 702.1 Not less than thirty (30) days prior to the commencement of negotiations, each party shall submit specific initial proposals in writing to the other party. 702.2 The specific proposals submitted under § 702.1 shall state the initial posit…

703 THE BOARD’S NEGOTIATING TEAM 703.1 The negotiating team for the Board of Education shall be approved by the Committee of the Whole upon the written recommendation of the Superintendent of Schools. 703.2 The team shall include a chief negotiator who shall be designated the spo…

704 BOARD BRIEFINGS ON NEGOTIATIONS 704.1 The Board’s chief negotiator shall provide briefing sessions for the Board of Education on the ongoing status of negotiations. 704.2 Briefings shall be held during closed sessions of the Committee of the Whole and shall be held monthly or…

705 NEGOTIATIONS:REQUESTS FOR PUBLIC COMMENT 705.1 At any time during negotiations prior to the declaration of an impasse, the parties may agree to make public their respective positions on any issue(s) and receive written comments from the public during a fifteen (15) day commen…

706 RATIFICATION OF TENTATIVE AGREEMENTS 706.1 Upon completion of negotiations, including all impasse procedures, the tentative agreement which has been initialed by the Board’s chief negotiator and ratified by the labor organization shall be referred to the appropriate Board com…

707 IMPASSE RESOLUTION 707.1 Unless specifically modified by the terms of a ratified, effective agreement, the provisions of this section and §§ 708 and 709 shall govern the collective bargaining process in the event of an impasse over the terms of an initial or renewal agreement…

708 MEDIATION 708.1 The parties may agree upon the appointment of a mediator. If the parties fail to agree upon the appointment of a mediator within ten (10) days of the date of submission of a proposal for appointment by either party, pursuant to § 707.4, either party may reques…

709 FACT-FINDING 709.1 Fact-finding shall be conducted by a panel of three (3) persons who shall be appointed or selected in accordance with the provisions of this section. 709.2 Within five (5) days of the referral of any issue(s) remaining in dispute to fact- finding, pursuant …

799 DEFINITIONS 799.1 The provisions of Chapter 6, § 699 (“Definitions”), of this title are incorporated in this section by reference. The terms and phrases defined in that section shall have the same meanings when used in this chapter. SOURCE: Final Rulemaking published at 24 DC…

800 GENERAL PROVISIONS 800.1 A uniform grievance procedure shall be followed for the resolution of all grievances arising out of misunderstanding, disagreement, concern, dissatisfaction, or other conflict with regard to an employee’s own conditions of employment, as set forth in …

801 APPLICABILITY AND COVERAGE OF GRIEVANCE PROCEDURES 801.1 The grievance procedures set forth in this chapter shall be utilized for grievances that arise out of any misunderstanding, disagreement, dissatisfaction, concern, or other conflict with regard to an employee’s own cond…

802 WITHDRAWAL, TERMINATION, AND FORFEITURE OF GRIEVANCES 802.1 A grievance filed pursuant to this chapter may be withdrawn at any time at the request of the employee or the employee’s representative. 802.2 A grievance shall be deemed to have been withdrawn if the relief sought b…

803 INFORMAL GRIEVANCE SETTLEMENT PROCEDURES 803.1 All grievances shall be raised initially at the level where the conflict or situation giving rise to the grievance occurred. 803.2 An employee shall exhaust the informal grievance settlement procedures set forth in this section b…

804 FORMAL GRIEVANCE PROCEDURES: STEP 1 804.1 If the grievance is not resolved to the satisfaction of the employee by the informal grievance settlement process, as set forth in § 803, the employee may follow the formal grievance procedures. 804.2 An employee shall initiate the fo…

805 FORMAL GRIEVANCE PROCEDURES: STEP 2 805.1 If the STEP 1 grievance process, as set forth in § 804, does not resolve the grievance to the satisfaction of the employee, the employee may follow the STEP 2 grievance procedures set forth in this section. 805.2 An employee shall ini…

806 FORMAL GRIEVANCE PROCEDURES: STEP 3 806.1 If the STEP 2 grievance process, as set forth in § 805, does not resolve the grievance to the satisfaction of the employee, the STEP 3 grievance procedures set forth in this section may be followed by the employee. 806.2 An employee s…

807 GRIEVANCES ALLEGING HARASSMENT 807.1 The following procedure, at the complainant’s option, shall apply to all grievances alleging incidents of harassment and/or sexual harassment: (a) Complaints of harassment and/or sexual harassment filed by an employee will be accepted oral…

900 AUTHORITY 900.1 The District of Columbia School Reform Act of 1995, as amended, establishes the chartering authority of the District of Columbia Board of Education. 900.2 The powers and duties of the chartering authority are set forth in section 2211 of the District of Columb…

901 FEES 901.1 The Board of Education shall charge each eligible applicant a fee not to exceed one hundred fifty dollars ($150) for processing the petition/application to establish a public charter school. Applications submitted without the requisite fee shall be returned to the …

902 ANNUAL REPORT 902.1 On or before July 30th of each year, the Board of Education shall submit to the Mayor, the District of Columbia Council, the Secretary of Education, the appropriate congressional committees, and the Consensus Commission, an annual report that meets the req…

903 APPLICATIONS TO ESTABLISH PUBLIC CHARTER SCHOOLS 903.1 Not later than December 31st of each year, the Board of Education shall publish guidelines and the timeline for submission of applications to establish public charter schools in September of the year following approval an…

904 REQUIREMENTS OF FULL APPROVAL 904.1 Public charter schools approved by the Board of Education in May of one calendar year shall not open until September of the following calendar year in order to allow a full year of planning and assurance of readiness for implementing a qual…

905 CONDITIONAL APPROVAL 905.1 In the case of a petition that does not contain the identification and information required (concerning documentation of the acquisition of an appropriate facility) (section 2202(6)(B)(i) of the D.C. School Reform Act), but does contain the timetabl…

906 OPENING OF A PUBLIC CHARTER SCHOOL 906.1 A public charter school that has been granted full approval by the Board of Education shall not open as a public charter school until the Board has issued a letter authorizing such. Such clearance shall be based on the fulfillment of a…

907 UNAUTHORIZED OPERATION OF A SCHOOL AS A PUBLIC CHARTER SCHOOL 907.1 Applicants/interim trustees who open a school in the name of “public charter school” in the District of Columbia without full approval of the chartering authority may be subject to criminal penalties. SOURCE:…

908 SCHOOL GOVERNANCE 908.1 Each public charter school shall be governed by a Board of Trustees elected or selected pursuant to the charter granted to the school. The Board of Trustees shall be legally responsible for the economic and educational viability of the public charter s…

909 THE BOARD OF TRUSTEES 909.1 The composition of and membership on the Board of Trustees shall be in accordance with section 2205 of the D.C. School Reform Act of 1995, as amended. 909.2 The interim Trustees shall be listed as Trustees/Directors in the Articles of Incorporation…

910 INTERIM BOARD OF TRUSTEES 910.1 Each applicant to establish a public charter school shall establish an interim Board of Trustees prior to receiving approval by the Board of Education. 910.2 Such an interim Board of Trustees may exercise all the powers, and shall be subject to…

911 FIDUCIARY RESPONSIBILITIES 911.1 The Board of Trustees shall be fiduciaries of the school, shall set overall policy for the school, and may make final decisions on matters related to the operations of the school, consistent with the charter granted to the school, the D.C. Sch…

912 REPORTING REQUIREMENTS 912.1 Each applicant to establish a public charter school/interim Trustees shall, prior to approval, provide the names, a resume, and a police clearance for each person who will have any responsibility for management of the school’s funds. Should there …

913 ACCOUNTABILITY 913.1 Each public charter school shall develop an accountability plan with measurable performance targets for at least a five-year period. The plan shall include baseline data and indicators of incremental gains on at least an annual basis. 913.2 Performance ta…

914 CHILD DEVELOPMENT LICENSE 914.1 Each public charter school which offers a preschool or pre-kindergarten program shall be subject to the same child care licensing requirements which apply to a District of Columbia public school which offers such a program. 914.2 The Executive …

915 ADMISSIONS 915.1 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 requirements of the District of Columbia. 915.2 A public charter school …

916 REGISTRATION - PROOF OF DISTRICT RESIDENCY 916.1 Parents of students enrolling in public charter schools must take the following documents to the school, and the school shall maintain a checklist of the documents reviewed by the principal/designee with the date of such review…

918 STUDENT RECORDS 918.1 Each public charter school shall ensure the security, confidentiality and orderliness of all students’ records and shall ensure that a cumulative record is on file for each student. 918.2 Upon a student’s transfer from a charter school to a D.C. Public S…

919 STUDENT IDENTIFICATION NUMBERS 919.1 Each student enrolled in a public charter school shall be assigned an identification number issued by the District of Columbia Public School System (DCPS). Such identification number shall include a charter school identifier code. 919.2 St…

920 ACCREDITATION OF PUBLIC CHARTER SCHOOLS 920.1 Each public charter school shall seek, obtain, and maintain accreditation from at least one of the following: (a) The Middle States Association of Colleges and Schools; (b) The Association of Independent Maryland Schools; (c) The …

921 CURRICULUM, INSTRUCTION AND ASSESSMENT 921.1 The applicants to establish a public charter school shall describe the curriculum to be used by the school. The identified curriculum, the uniqueness of which may be a factor in the approval of the public charter school, will becom…

922 ASSESSMENT 922.1 Public charter school students shall participate in all district-wide assessments. 922.2 Performance targets established by public charter schools, as measured by student performance on the Stanford 9 or other district-wide assessment shall not be less than t…

923 SPECIAL EDUCATION PLANNING 923.1 Each applicant to establish a public charter school shall develop and implement a plan for the provision of special education services. 923.2 The plan for special education services shall be submitted to the Board prior to the granting of the …

924 PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES 924.1 Each public charter school is held accountable for ensuring the provision of all education and related services outlined in each student’s Individualized Education Plan whether or not the school has elected to be treat…

925 ENROLLMENT OF SPECIAL STUDENTS 925.1 A public charter school shall report enrollment of special education students on October 5th when the official student enrollment is reported to the Board of Education and to the Chief Financial Officer for the District of Columbia. 925.2 …

926 EDUCATION OF LANGUAGE MINORITY STUDENTS 926.1 Each applicant to establish a public charter school shall develop a plan to ensure an appropriate education for all limited-English and non-English proficient students. Such plan shall ensure the following: (a) Timely assessment t…

927 ENROLLMENT OF LANGUAGE MINORITY STUDENTS 927.1 The enrollment of language minority students shall be reported to the Board of Education and to the Chief Financial Officer for the District of Columbia on October 5th when the official student enrollment is reported. The enrollm…

928 PROMOTION 928.1 A public charter school shall establish standards for student promotion or progression in the charter school. Such standards, however, shall not be less than the standards for promotion in the District of Columbia Public School System. 928.2 Standards for stud…