SCHOOL MODERNIZATION FINANCING ACT OF 2006

ENROLLED ORIGINAL
Codification District of Columbia Official Code, 2001 Edition 1 West Group Publisher, 1-800-328-9378.
AN ACT
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To establish a Public School Capital Improvement Fund in order to provide a stable revenue
source for the District of Columbia Public Schools capital budget to finance the
modernization of public school facilities; to require the Board of Education and
Superintendent to submit to the Council a comprehensive facilities management
strategy; to amend Chapter 20 of Title 47 of the District of Columbia Official Code to
fund the Public School Capital Improvement Fund to provide for cost-of-construction
adjustments funding for the Public School Capital Improvement Fund attributable to the
District of Columbia Public School’s capital budgets from fiscal years 2008 to 2011; to
provide for the use of unallocated revenue to fund the fiscal effect of this act; to provide
contingent authority to increase the deed recordation and transfer tax rates for
commercial property to satisfy any fiscal deficiency; to establish a Public School Capital
Improvement Advisory Committee; to require the Board of Education to adopt a
multiyear Capital Improvement Plan and Budget to implement the Facilities Master
Plan; to require the District of Columbia Auditor to report to the public on expenditures
of and the annual progress with respect to the multiyear Facilities Master Plan; to amend
the School Budgeting and Accountability Act of 1998 to require that the Facilities
Master Plan address additional criteria, the Board of Education review and update the
plan every 3 years, and the Superintendent and Board of Education consult with the
Mayor, the Council, the Public Charter School Board, representatives of public charter
schools, and the Public School Modernization Advisory Committee in developing the
Facilities Master Plan; to amend the District of Columbia School Reform Act of 1995 to
require the Superintendent and Board of Education to consult with the Mayor, the
Council, the Public Charter School Board, representatives of public charter schools, and
the Public School Modernization Advisory Committee in developing the Facilities
Master Plan, and to repeal an outdated provision; and to amend Chapter 3 of Title 47 of
the District of Columbia Official Code to require maintaining existing levels of District
of Columbia Public School capital funding and to provide for cost-of-construction
adjustments beginning fiscal year 2012.
Codification
District of
Columbia
Official Code
2001 Edition
2006 Summer
Supp.
West Group
Publisher
ENROLLED ORIGINAL
Codification District of Columbia Official Code, 2001 Edition 2 West Group Publisher, 1-800-328-9378.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “School Modernization Financing Act of 2006″.
TITLE I. PUBLIC SCHOOL CAPITAL IMPROVEMENT FUND.
Part A.
Sec. 101. Establishment of the Public School Capital Improvement Fund.
(a) There is established a nonlapsing special revenue fund to be known as the Public
School Capital Improvement Fund (“Fund”), which shall be separate from the General Fund of
the District of Columbia and which shall be used to provide a revenue source for the District of
Columbia Public Schools capital budget.
(b) The Chief Financial Officer shall deposit into the Fund:
(1) All revenue specifically identified by any provision of District of Columbia
law to be paid into the Fund; and
(2) Any federal grant or other federal funds that may be used for the purposes of
the Fund.
(c) Funds deposited in the Fund shall not revert to the General Fund of the District of
Columbia at the end of any fiscal year or at any other time, but shall be continually available for
the uses and purposes set forth in this act, subject to authorization by Congress in an
appropriations act.
(d) Beginning on October 1, 2006, the Chief Financial Officer shall transfer any funds
deposited in the Fund that are requested by the Board of Education to the Board of Education
through District of Columbia Public Schools capital budget, subject to the requirements of
section 103 .
(e) The appropriation of local funds to, or the existence of retained funds in, the Public
School Capital Improvement Fund shall not replace local funding that otherwise would be
directed to the capital budget for the District of Columbia Public Schools.
Sec. 102. Cost-of-construction adjustment for the Fund attributable to District of
Columbia Public School capital budgets.
(a) In fiscal years 2008 through 2011, the Chief Financial Officer shall deposit annually
an amount into the Fund equal to the cost-of-construction adjustment.
(b) For the purposes of subsection (a) of this section, the term “cost-of-construction
adjustment” for any fiscal year means an amount equal to $98.299 million, multiplied by the
percentage by which the Construction Cost Index (“CCI”) for the preceding fiscal year exceeds
the CCI for the fiscal year beginning October 1, 2005. For the purposes of this paragraph, the
CCI for any fiscal year is the average of the Cost Construction Index for Baltimore published by
RS Means, or any successor index, as of the close of the 12-month period ending on September
30 of such fiscal year.
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Sec. 103. Use of Fund.
(a)(1) Funds transferred to the Board of Education from the Fund are in addition to the
annual capital budget appropriation for the District of Columbia Public Schools, as required in
section 301, and shall be used in conjunction with the annual capital appropriation to finance,
pursuant to section 203, the modernization of public school facilities.
(2) For the purposes of this act, the term “modernization” means a construction
project designed to bring an existing school building and its grounds up to current standards for
condition, design, and utilization, as defined by the District of Columbia Public Schools educational
requirements and current building codes. Modernization can include partial or complete
demolition, new construction, and rehabilitation of existing building fabric, in any combination.
(b) No funds transferred to the Board of Education pursuant to this title shall be spent
except in accordance with the Facilities Master Plan and the Capital Improvement Plan and
Budget.
(c) No funds shall be transferred by the Chief Financial Officer to the Board of
Education through the District of Columbia Public Schools capital budget unless the facilities
management organizational strategy required by section 104 has been submitted to and
approved by the Council.
(d) The Chief Financial Officer shall transfer funds pursuant to this section only upon
receipt of written certification from the Board of Education that the requirements of section 203
have been met.
Sec. 104. Facilities management organizational strategy.
(a) No later than May 1, 2006, the Superintendent and Board of Education shall submit
to the Council for approval by resolution a comprehensive facilities management organizational
strategy that shall include:
(1) The specific staffing and organizational structure charged with overseeing
and implementing the school capital improvement program, which may include creating inhouse
capacity or using private project management or a combination thereof, and the rationale
for the structure chosen;
(2) A detailed timeline with specific milestones needed for the development and
implementation of the staffing and organizational structure;
(3) Implementation procedures detailing an annual schedule, project eligibility
criteria, and definitions of all eligible project types;
(4) Measures of program accountability and project management that will be
implemented by the Superintendent to ensure that the capital expenditures remain aligned with
the approved Facilities Master Plan and the capital budget of the District of Columbia Public
Schools;
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(5) A summary report of the school facility condition assessment that was used
to inform the development of the revised Facilities Master Plan;
(6) A detailed plan establishing how and when the school system will address
issues of excess capacity and facilities space, including consolidation, closure, and co-locations;
and
(7) Recommendations for policy and legislative changes necessary for the
efficient expenditure of the capital budget.
(b) If the Council does not approve or disapprove of the facilities management
organizational strategy submitted pursuant to subsection (a) of this section by resolution within
30 days of its submission, the organizational strategy shall be deemed approved.
(c) If the Council disapproves the facilities management organizational strategy
submitted pursuant to subsection (a) of this section, the Superintendent and Board of Education
may resubmit, within 30 days of the disapproval, a revised version to the Council. If the Council
does not approve or disapprove of the facilities management organizational strategy submitted
pursuant to this subsection by resolution within 30 days of its submission, the organizational
strategy shall be deemed approved.
Part B.
Sec. 121. Chapter 20 of Title 47 of the District of Columbia Official Code is amended
as follows:
(a) The table of contents is amended by adding the phrase “47-2033. Dedication of sales
tax revenue for the Public School Capital Improvement Fund.” at the end.
(b) A new section 47-2033 is added to read as follows:
Ҥ 47-2033. Dedication of sales tax revenue for the Public School Capital Improvement
Fund.
“(a)(1) Beginning in fiscal year 2007, the Chief Financial Officer shall deposit the first
$100 million of nondedicated sales tax revenue collected annually, beginning April 1 of each
fiscal year, under Chapter 20 of Title 47 of the District of Columbia Official Code into the
Public School Capital Improvement Fund established under section 101 of the School
Modernization Financing Act of 2006, passed on 2nd reading on March 7, 1006 (Enrolled
version of Bill 16-250).
“(2) This amount shall be increased annually, beginning fiscal year 2008, by the
cost-of-construction adjustment. For the purposes of this paragraph, the term “cost-ofconstruction
adjustment” for any fiscal year means an amount equal to $100 million, multiplied
by the percentage by which the Construction Cost Index (“CCI”) for the preceding fiscal year
exceeds the CCI for the fiscal year beginning October 1, 2005. For the purposes of this
paragraph, the CCI for any fiscal year is the average of the Cost Construction Index for
ENROLLED ORIGINAL
Codification District of Columbia Official Code, 2001 Edition 5 West Group Publisher, 1-800-328-9378.
Baltimore published by RS Means, or any successor index, as of the close of the 12-month
period ending on December 31 of such fiscal year.”.
Part C.
Sec. 141. Funding the fiscal effect of this title.
(a) The revenue to offset reductions to the General Fund of District of Columbia
resulting from the deposit of revenue into the Fund shall be funded from the following sources,
in the following order of priority, and shall not be allocated for any other uses or purposes until
this title is fully funded:
(1) The unallocated local revenues, from existing revenue sources, in the revised
quarterly revenue estimates of the Chief Financial Officer, beginning September 2005, which
are estimated by the Chief Financial Officer to be collected in fiscal years 2007, 2008, and
2009; provided, that such allocation shall be subject to the funding the fiscal effect of the
following acts:
(A) The New Columbia Community Land Trust 22nd and Channing
Streets, N.E. Tax Exemption Emergency Act of 2005, effective December 22, 2005 (D.C. Act
16-243; 53 DCR 266);
(B) The Self-Assessing Taxpayer Fairness in Notice Emergency Act of
2005, effective December 22, 2005 (D.C. Act 16-241; 53 DCR 262);
(C) The Parkside Terrace Economic Development Act of 2006, signed
by the Mayor on January 26, 2006 (D.C. Act 16-270; 53 DCR 1062);
(D) The National Community Reinvestment Coalition Real Property Tax
Exemption Act of 2005, signed by the Mayor on December 22, 2005 (D.C. Act 16-222);
(E) The February Revised Revenue Allocation Emergency Act of 2006,
effective February 27, 2006 (D.C. Act 16-297);
(F) The Triangle Community Garden Equitable Real Property Tax
Exemption and Relief Emergency Act of 2006, passed on emergency basis on March 7, 2006
(Enrolled version of Bill 16-645; and
(G) The Far Southeast Community Organization Tax Exemption and
Forgiveness for Accrued Taxes Emergency Act of 2006.
(2) Beginning for fiscal year 2007, the unrestricted balance of the General Fund
of the District of Columbia, subject to any funds required pursuant to section 3(c)(16) of the
Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C.
Official Code § 42-2802(c)(16)), as certified pursuant to the annual audit, to be applied to the
fiscal year 2 years following the audited fiscal year.
(3) The increase in deed recordation and transfer taxes as provided under section
161.
ENROLLED ORIGINAL
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(b) The Mayor shall submit an annual budget which incorporates the allocations of
revenues as provided in subsection (a) of this section. The Mayor shall incorporate such
allocations in any supplemental budget submission.
Part D.
Sec. 161. Supplemental deed recordation and transfer taxes.
(a) Section 303 of the District of Columbia Deed Recordation Tax Act, approved March
2, 1962 (76 Stat. 12; D.C. Official Code § 42-1103), is amended by adding a new subsection (a-
3) to read as follows:
“(a-3) Beginning for fiscal year 2008, if the amount of revenue necessary to fund the
School Modernization Financing Act of 2006, passed on 2d reading on March 7, 2006 (Enrolled
version of Bill 16-250), in accordance with section 141(a)(1) and (2) thereof is not sufficient,
the tax imposed on commercial property by subsection (a) of this section shall be increased to
rates, as determined annually by the Chief Financial Officer, rounded to the highest increment of
0.1%, sufficient to raise revenue in an amount needed to satisfy the deficiency in the fiscal year,
subject to Council approval. After publishing the August revised revenue estimates and prior to
September 1 of each year, the Chief Financial Officer shall determine the rates and publish a
notice in the District of Columbia Register and on the website of the Office of the Chief
Financial Officer stating the amount of the rates. The rates as determined by Chief Financial
Officer shall be effective as of October 1 of the following fiscal year.”.
(b) Section 47-903 of the District of Columbia Official Code is amended by adding a
new subsection (a-2) to read as follows:
“(a-2) Beginning for fiscal year 2008, if the amount of revenue necessary to fund the
School Modernization Financing Act of 2006, passed on 2d reading on March 7, 2006 (Enrolled
version of Bill 16-250), in accordance with section 141(a)(1) and (2) thereof is not sufficient,
the tax imposed on commercial property by subsection (a) of this section shall be increased to a
rate, as determined annually by the Chief Financial Officer, rounded to the highest increment of
0.1%, sufficient to raise revenue in an amount needed to satisfy the deficiency in the fiscal year,
subject to Council approval. After publishing the August revised revenue estimates and prior to
September 1 of each year, the Chief Financial Officer shall determine the rate and publish a
notice in the District of Columbia Register and on the website of the Office of the Chief
Financial Officer stating the amount of the rate. The rate as determined by Chief Financial
Officer shall be effective as of October 1 of the following fiscal year.”.
Amend
§ 42-1103
ENROLLED ORIGINAL
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TITLE II. PUBLIC SCHOOL CAPITAL IMPROVEMENT EXPENDITURE
ACCOUNTABILITY.
Part A.
Sec. 201. Establishment of Public School Modernization Advisory Committee.
(a) There is established a Public School Modernization Advisory Committee
(“Committee”), whose purpose shall be:
(1) To monitor that capital funds are aligned with the priorities of the Board of
Education and those of the District for educational infrastructure;
(2) To monitor that expenditures are aligned with the approved Facilities Master
Plan, the District of Columbia Capital Improvement Plan and Budget, and the DCPS
maintenance plan; and
(3) To advise the Board of Education as to whether the expenditure of funds is
managed in accord with best practices and budgetary limitations.
(b) The Committee shall consist of 11 members. The Mayor, Council, and Chief
Financial Officer shall each appoint 2 members to the Committee and the Board of Education
shall appoint 5 members, of which one member shall be the parent of a DCPS student and one
member shall be a teacher within DCPS.
(c) Members shall:
(1) Be residents of the District of Columbia;
(2) Have expertise in planning, design, construction, asset management,
development, financial management, or public finance; and
(3) Be able to describe their stake in public education and public infrastructure.
(d) Members shall serve for a term of 3 years, with no more than one renewal. Of the
initial appointments, the Mayor, Council, Chief Financial Officer, and the Board of Education
shall each appoint one member to serve for a 2-year term.
(e) Members are required to attend meetings and may be replaced on the Committee for
failure to attend meetings.
(f) No member shall serve as an officer, director, partner, employee, consultant, or
contractor with an organization that provides services under contract to the Board of Education.
Members shall file financial disclosure forms pursuant to section 602 of the District of
Columbia Campaign Finance Reform and Conflict of Interest Act, approved August 14, 1974
(88 Stat. 447; D.C. Official Code § 1-1106.02).
(g) The Chairperson of the Committee shall be designated by the President of the Board
of Education in consultation with the chairperson of the Committee on Education, Libraries, and
Recreation and the Mayor.
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(h) Members shall serve without compensation, but shall receive reimbursement for
transportation, parking, or mileage expenses incurred in the performance of official duties, not
to exceed $25 per meeting.
Sec. 202. Public School Modernization Advisory Committee functions and coordination
with Superintendent.
(a) The Superintendent shall consult and receive comments from the Committee on the
proposed Facilities Master Plan and the Capital Improvement Plan and Budget prior to their
adoption.
(b) Within 30 days of receipt of the proposed Facilities Master Plan or the Capital
Improvement Plan and Budget, the Committee shall provide the Superintendent with written
assessments of the following:
(1) The adequacy of planning and facility information and analysis on which the
Facilities Master Plan, the Capital Improvement Plan and Budget, and maintenance plans were
based;
(2) Consistency of school facility capacity and grade organization with school
system plans, including the Master Education Plan;
(3) Alignment with approved operating and capital budgets;
(4) Quality and quantity of community and local school participation in the
planning process;
(5) Overall benefit and level of support provided or created for the project
school’s educational program;
(6) Community planning issues, including:
(A) Desired or needed school-community uses;
(B) Potential for partnership and collaboration with other city agencies
and projects;
(C) Economic development and city planning issues for the affected area
surrounding the proposed school capital project;
(D) Parking and transportation;
(E) Participation of local, small, and disadvantaged business enterprises
in the procurement process related to the proposed project; and
(F) Other issues directly related to the modernization, construction, or
renovation of the project school that are likely to have an impact on the community; and
(7) Projected measurable benchmarks to be achieved by the end of the fiscal year for
each capital project.
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(c) The Committee shall forward any written assessment provided to the Superintendent
to the Board of Education, the Mayor, the Chair of the Council’s Committee on Education,
Libraries, and Recreation, and the Chief Financial Officer.
(d) The Superintendent shall submit to the Committee on a quarterly basis a status
report on all capital improvement projects funded through the capital budget of the District of
Columbia Public Schools. The report shall include the following information:
(1) A summary of ongoing capital improvement projects;
(2) The approved budget and current and estimated cost of completion of each
capital improvement project;
(3) Encumbered and actual expenditures of each project;
(4) A detailed list of change orders approved for each capital improvement
project;
(5) A detailed schedule with milestones identified and a comparison of original
schedule with current status of work; and
(6) If any project has a different scope, exceeds its budget, or is proceeding on a
substantially modified schedule, an explanation regarding the revised scope of work, a new
expected date of completion, a revised anticipated budget for each capital improvement project,
and a justification for the change, delay, or increase in cost.
(e)(1) Within 30 days of receipt of the quarterly status report from the Superintendent,
the Committee shall submit a copy of the report, any written analysis or concerns about specific
items or projects within the report, and specific policy recommendations, to the Mayor, the
Chair of the Council, the Chair of the Committee on Education, Libraries, and Recreation, and
the President of the Board of Education.
(2) The Superintendent shall respond to written analysis or concerns in writing
within 30 days of receipt of comments or queries from the Committee.
(f) The Chief Financial Officer shall provide appropriate staff support to the Committee.
Sec. 203. Annual adoption of Capital Improvement Plan and Budget.
(a) No later than June 1, 2006, and no later than 90 days prior to commencement of each
fiscal year thereafter, the Superintendent, with the approval of the Board of Education, shall
develop and submit to the Mayor and the Council a detailed Capital Improvement Plan and
Budget to implement the approved Facilities Master Plan for the District of Columbia Public
Schools. For each proposed capital project, the Capital Improvement Plan and Budget shall
include a description of the scope of work to be done, the justification for the work per the
Facilities Master Plan, the estimated project cost and schedule, and measurable benchmarks to
be achieved by the end of the fiscal year for each project.
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(b) No later than 30 days following the end of each fiscal year, the Superintendent shall
provide a written report to the Board of Education, the Mayor, the Chairman of the Council, the
Chief Financial Officer, and the Public School Modernization Advisory Committee assessing
progress on each project relative to the established benchmarks. The Chief Financial Officer
shall certify this report. If in any fiscal year, the Chief Financial Officer does not certify that
90% of the established benchmarks have been met, the Chief Financial Officer shall cease the
transfer of funds from the Fund to the Board of Education for 60 days or until 90% of the
benchmarks have been met, whichever time period is shorter. If 90% of the benchmarks are not
met within this 60-day period, and the Board of Education does not establish an independent
authority to administer the Fund within 180 days, no further funds shall be transferred from the
Fund.
Sec. 204. Compliance with District, local, small and disadvantaged businesses
contracting requirements.
(a) The District of Columbia Public Schools shall take all measures as shall be
reasonably necessary to assure that all contracts entered into by the District of Columbia Public
Schools or any agency or instrumentality of the District of Columbia Public Schools with
respect to any project designated in the Facilities Master Plan shall comply with the
requirements of the Small, Local, and Disadvantaged Business Development and Assistance Act
of 2005, effective October 20, 2005 (D.C. Law 16-33; 52 DCR 7503).
(b) The District of Columbia Public Schools shall take all measures as shall be
reasonably necessary to assure that all contracts entered into by the District of Columbia Public
Schools or any agency or instrumentality of the District of Columbia Public Schools with
respect to each major phase of development and construction of any project designated in the
Facilities Master Plan, including contracts for architectural, engineering, and construction
services, shall provide that at least 35% of the work in the aggregate under such contracts shall
be awarded to local business enterprises, small business enterprises, or disadvantaged business
enterprises, as such terms are defined in section 2 of the Small, Local, and Disadvantaged
Business Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-
33; 52 DCR 7503); provided, that if the 35% requirement is unattainable, the District of
Columbia Public Schools shall report this to the Council for reconsideration.
(c) The District of Columbia Public Schools shall take all measures as shall be
reasonably necessary to assure that all contracts entered into by the District of Columbia Public
Schools or any agency or instrumentality of the District of Columbia Public Schools with
respect to the development and construction of an any project designated in the Facilities Master
Plan shall comply with First Source Employment requirements of the First Source Employment
Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code § 2-219.01
et seq.).
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(d)(1) The District of Columbia Public Schools shall take all measures as shall be
reasonably necessary to assure that all contracts entered into by the District of Columbia Public
Schools or any agency or instrumentality of the District of Columbia Public Schools with
respect to the development and construction of any project designated in the Facilities Master
Plan shall comply with the requirements of AN ACT To provide for voluntary apprenticeship in
the District of Columbia Public Schools of Columbia, approved May 21, 1946 (60 Stat. 204;
D.C. Official Code § 32-1401 et seq.).
(2)(A) 50% of all apprenticeship hours performed pursuant to apprenticeship
programs related to the construction and operation of any project designated in the Facilities
Master Plan shall be performed by District of Columbia residents.
(B) Any prime contractor or subcontractor that fails to make a good-faith
effort to comply with the requirements of this paragraph shall be subject to a monetary fine in
the amount of 5% of the direct or indirect labor costs of the contract. Fines shall be imposed by
the Contracting Officer and remitted to the Department of Employment Services to be applied to
job training programs, subject to appropriations by Congress.
Sec. 205. Audit of capital improvement projects.
No later than June 1, 2007, and each year thereafter until the completion of all projects
designated in the Facilities Master Plan, the District of Columbia Auditor shall prepare an
annual report to the public on the use of the capital funds by the District of Columbia Public
Schools during the preceding fiscal year. The report shall include a school- and project-specific
audit of all expenditures for school facility capital improvements, maintenance, repairs, and
operating costs and an assessment of whether the District has met the process, quality, schedule,
and cost objectives of the Facilities Master Plan and Capital Improvement Plan and Budget.
Part B.
Sec. 221. Section 1104 of the School Based Budgeting and Accountability Act of 1998,
effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code § 38-2803), is amended as
follows:
(a) Designate the existing text as subsection (a).
(b) The newly designated subsection (a) is amended by striking the phrase “Long Range
Master Facilities Plan which shall include annual updates to the facilities plan, as well as” and
inserting the phrase “multiyear Facilities Master Plan, which shall include” in its place.
(c) New subsections (b), (c), and (d) are added to read as follows:
“(b) The Facilities Master Plan shall also include detailed and updated analysis and data
regarding:
Amend
§ 38-2803
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“(1) The facilities condition assessment for each school building and facility
under the control and jurisdiction of the Board of Education;
“(2) The capacity of existing schools, current level of utilization, and
recommendations for the utilization or reduction of excess space, including specific
recommendations on consolidation, closure, and co-location, as appropriate;
“(3) Historical and projected enrollment data;
“(4) Current and projected demographic information for the surrounding
neighborhood;
“(5) Other neighborhood issues, in coordination with the District of Columbia
Office of Planning;
“(6) Facilities needs and requirements as they relate directly to the Master
Education Plan; and
“(7) A detailed facility portfolio analysis that will inform any decisions related
to alternative financing options, including public/private development partnerships and colocation
opportunities.
“(c) In developing the Facilities Master Plan, the Superintendent and Board of
Education shall consult with the Mayor, the Council, the Public Charter School Board,
representatives of public charter schools, and the Public School Modernization Advisory
Committee, and shall consider the facilities needs of all public school students.
“(d) The Board of Education shall review and update the Facilities Master Plan every 3
years.”.
Sec. 222. The District of Columbia School Reform Act of 1995, approved April 26,
1996 (110 Stat. 1321; D.C. Official Code § 38-1800.01 et seq.), is amended as follows:
(a) Section 2551 (D.C. Official Code § 38-1805.51) is repealed.
(b) Section 2552 (D.C. Official Code § 38-1805.52) is amended to read as follows:
“Sec. 2552. Facilities Master Plan.
“In developing the Facilities Master Plan pursuant to section 1104 of the School Based
Budgeting and Accountability Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C.
Official Code § 38-2803), the Superintendent and Board of Education shall consult with the
Mayor, the Council, the Public Charter School Board, representatives of public charter schools,
and the Public School Modernization Advisory Committee, and shall consider the facilities
needs of all public school students.”.
Repeal
§ 38-1805.51
Amend
§ 38-1805.52
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TITLE III. MAINTAINING EXISTING CAPITAL BUDGET FUNDING.
Sec. 301. Chapter 3 of Title 47 of the District of Columbia Official Code is amended as
follows:
(a) The table of contents is amended by adding the section designation Ҥ 47-305.02.
Minimum funding for District of Columbia Public School’s capital budgets to be included in
budget and financial plan.”.
(b) A new section 47-305.02 is added to read as follows:
“§ 47-305.02. Minimum funding for District of Columbia Public School’s capital
budgets to be included in budget and financial plan.
“The Mayor’s submission of proposed budgets to the Council beginning with the budget
for fiscal year 2007 shall provide for minimum funding in the following amounts:
“(1) $98.299 million for the District of Columbia Public School’s fiscal year
2007 capital budget;
“(2) $98.3 million for the District of Columbia Public School’s fiscal year 2008
capital budget;
“(3) $98.3 million for the District of Columbia Public School’s fiscal year 2009
capital budget,
“(4) $98.832 million for the District of Columbia Public School’s fiscal year
2010 capital budget;
“(5) $98.8 million for the District of Columbia Public School’s fiscal year 2011
capital budget; and
“(6)(A) For the District of Columbia Public School’s capital budgets for fiscal
year 2012 and thereafter, the amount of $98.299 million, increased annually by the cost-ofconstruction
adjustment.
“(B) For the purposes of this paragraph, the term “cost-of-construction
adjustment” for any fiscal year means an amount equal to $98.299 million, multiplied by the
percentage by which the Construction Cost Index (“CCI”) for the preceding fiscal year exceeds
the CCI for the fiscal year beginning October 1, 2005. For the purposes of this paragraph, the
CCI for any fiscal year is the average of the Cost Construction Index for Baltimore published by
RS Means, or any successor index, as of the close of the 12-month period ending on September
30 of such fiscal year.
“(7) The first portion of the sales tax revenue collected or used, pursuant to this
section, during fiscal year 2007, fiscal year 2008, and fiscal year 2009, shall be designated for
full modernization of a vocational school located in the District of Columbia. Initial planning
shall commence in fiscal year 2007 and completion of the full modernization project shall be
accomplished by the close of fiscal year 2009.”.
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TITLE IV. SUNSET; FISCAL IMPACT; EFFECTIVE DATE.
Sec. 401. Sunset.
If, pursuant to section 141(a)(1), there are unallocated local revenues, from existing
revenue sources, sufficient to fund Title I, then section 141(a)(2) and (3), and section 161 shall
sunset.
Sec. 402. Fiscal impact statement.
The Council adopts the March 6, 2006 fiscal impact statement of the Chief Financial
Officer as the fiscal impact statement required by section 602(c)(3) of the District of Columbia
Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-
206.02(c)(3)).
Sec. 403. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
Columbia Register.
Chairman
Council of the District of Columbia
Mayor
District of Columbia