{"data":{"id":"us-dc/d.c.-code-38-1800.02","jurisdiction":"us-dc","citation":"D.C. Code § 38-1800.02","heading":"Definitions.","body":"Except as otherwise provided, for purposes of this chapter:\n\n(1)\nThe term “appropriate congressional committees” means:—\n(A)\nThe Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate;\n(B)\nThe Committee on Economic and Educational Opportunities of the House of Representatives and the Committee on Labor and Human Resources of the Senate; and\n(C)\nThe Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate.\n\n(2)\nThe term “Authority” means the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47-391.01(a).\n\n(3)\nThe term “average daily attendance” means the aggregate attendance of students of the school during the period divided by the number of days during the period in which:\n(A)\nThe school is in session; and\n(B)\nThe students of the school are under the guidance and direction of teachers.\n\n(4)\nThe term “average daily membership” means the aggregate enrollment of students of the school during the period divided by the number of days during the period in which:\n(A)\nThe school is in session; and\n(B)\nThe students of the school are under the guidance and direction of teachers.\n\n(5)\nThe term “Board of Education” means the Board of Education of the District of Columbia.\n\n(6)\nThe term “Board of Trustees” means the governing board of a public charter school, the members of which are selected pursuant to the charter granted to the school and in a manner consistent with this chapter.\n\n(6A)\nThe term “charter school facility incubator” means a nonprofit organization that uses its facility or property to house a charter school for 5 years or until the charter school can acquire its own property, whichever occurs first.\n\n(7)\nThe term “Consensus Commission” means the Commission on Consensus Reform in the District of Columbia public schools established under subchapter VIII of this chapter.\n\n(8)\nThe term “core curriculum” means the concepts, factual knowledge, and skills that students in the District of Columbia should learn in kindergarten through grade 12 in academic content areas, including, at a minimum, English, mathematics, science, and history.\n\n(8A)\nThe term “DCPS” means the District of Columbia Public Schools, established by §  38-171.\n\n(9)\nThe term “District of Columbia Council” means the Council of the District of Columbia established pursuant to § 1-204.01.\n\n(10)\n(A)\nThe term “District of Columbia Government” means the government of the District of Columbia, including:\n(i)\nAny department, agency, or instrumentality of the government of the District of Columbia;\n(ii)\nAny independent agency of the District of Columbia established under part F of title IV of the District of Columbia Home Rule Act;\n(iii)\nAny other agency, board, or commission established by the Mayor or the District of Columbia Council;\n(iv)\nThe courts of the District of Columbia;\n(v)\nThe District of Columbia Council; and\n(vi)\nAny other agency, public authority, or public nonprofit corporation that has the authority to receive moneys directly or indirectly from the District of Columbia (other than moneys received from the sale of goods, the provision of services, or the loaning of funds to the District of Columbia).\n(B)\nThe term “District of Columbia Government” neither includes the Authority nor a public charter school.\n\n(11)\nThe term “District of Columbia Government retirement system” means the retirement programs authorized by the District of Columbia Council or the Congress for employees of the District of Columbia Government.\n\n(12)\n(A)\nThe term “District of Columbia public school” means a public school in the District of Columbia that offers classes:\n(i)\nAt any of the grade levels from prekindergarten through grade 12; or\n(ii)\nLeading to a secondary school diploma, or its recognized equivalent.\n(B)\nThe term “District of Columbia public school” does not include a public charter school.\n\n(13)\nThe term “districtwide assessments” means a variety of assessment tools and strategies (including individual student assessments under subparagraph (E)(ii) of this paragraph administered by the Superintendent to students enrolled in District of Columbia public schools and public charter schools that:\n(A)\nAre aligned with the District of Columbia’s content standards and core curriculum;\n(B)\nProvide coherent information about student attainment of such standards;\n(C)\nAre used for purposes for which such assessments are valid, reliable, and unbiased, and are consistent with relevant nationally recognized professional and technical standards for such assessments;\n(D)\nInvolve multiple up-to-date measures of student performance, including measures that assess higher order thinking skills and understanding; and\n(E)\nProvide for:\n(i)\nThe participation in such assessments of all students;\n(ii)\nIndividual student assessments for students that fail to reach minimum acceptable levels of performance;\n(iii)\nThe reasonable adaptations and accommodations for students with special needs (as defined in paragraph (32) of this section) necessary to measure the achievement of such students relative to the District of Columbia’s content standards; and\n(iv)\nThe inclusion of limited-English proficient students, who shall be assessed, to the extent practicable, in the language and form most likely to yield accurate and reliable information regarding such students’ knowledge and abilities.\n\n(14)\nThe term “electronic data transfer system” means a computer-based process for the maintenance and transfer of student records designed to permit the transfer of individual student records among District of Columbia public schools and public charter schools.\n\n(15)\nThe term “elementary school” means an institutional day or residential school that provides elementary education, as determined under District of Columbia law.\n\n(16)\nThe term “eligible applicant” means a person, including a private, public, or quasi-public entity, or an institution of higher education (as defined in § 1201(a) of the Higher Education Act of 1965 (20 U.S.C. § 1141(a) [repealed]), that seeks to establish a public charter school in the District of Columbia.\n\n(17)\nThe term “eligible chartering authority” means any of the following:\n(A)\nThe Board of Education;\n(B)\nThe Public Charter School Board; or\n(C)\nAny one entity designated as an eligible chartering authority by enactment of a bill by the District of Columbia Council after April 26, 1996.\n\n(17A)\nThe term “eligible entity” means:\n(A)\nA public charter school;\n(B)\nAn eligible applicant whose petition to establish a public charter school has been conditionally approved pursuant to §  38–1802.03(d)(2);\n(C)\nA Board of Trustees; or\n(D)\nA charter school facility incubator.\n\n(17B)\nThe term “excess” means no longer needed for operational purposes for DCPS or another District agency.\n\n(18)\nThe term “family resource center” means an information desk:\n(A)\nLocated in a District of Columbia public school or a public charter school serving a majority of students whose family income is not greater than 185 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with § 673(2) of the Community Services Block Grant Act applicable to a family of the size involved (42 U.S.C. § 9902(3)); and\n(B)\nWhich links students and families to local resources and public and private entities involved in child care, adult education, health and social services, tutoring, mentoring, and job training.\n\n(18A)\nThe term “ IDEA” means the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400et seq.), and its implementing regulations.\n\n(19)\nThe term “individual career path” means a program of study that provides a secondary school student the skills necessary to compete in the 21st century workforce.\n\n(19A)\nThe term “individualized education plan” or “IEP” means a written plan that specifies the special education programs and services to be provided to meet the unique educational needs of a child with a disability, as required under section 614(d) of IDEA (20 U.S. C. § 1414(d)).\n\n(20)\nThe term “literacy” means:\n(A)\nIn the case of a minor student, such student’s ability to read, write, and speak in English, and compute and solve problems at levels of proficiency necessary to function in society, to achieve such student’s goals, and develop such student’s knowledge and potential; and\n(B)\nIn the case of an adult, such adult’s ability to read, write, and speak in English, and compute and solve problems at levels of proficiency necessary to function on the job and in society, to achieve such adult’s goals, and develop such adult’s knowledge and potential.\n\n(21)\nThe term “long-term reform plan” means the plan submitted by the Superintendent under § 38-1801.01.\n\n(22)\nThe term “Mayor” means the Mayor of the District of Columbia.\n\n(23)\nThe term “Metrobus and Metrorail Transit System” means the bus and rail systems administered by the Washington Metropolitan Area Transit Authority.\n\n(24)\nThe term “minor student” means an individual who:\n(A)\nIs enrolled in a District of Columbia public school or a public charter school; and\n(B)\nIs not beyond the age of compulsory school attendance, as prescribed in §§ 38-201 and 38-202.\n\n(24A)\nThe term “Nonprofit Corporation Act” means Chapter 4 of Title 29.\n\n(25)\nThe term “nonresident student” means:\n(A)\nAn individual under the age of 18 who is enrolled in a District of Columbia public school or a public charter school, and does not have a parent, guardian, custodian, or primary care giver, as determined pursuant to Chapter 3 of this title [§ 38-302 et seq.], residing in the District of Columbia; or\n(B)\nAn individual who is age 18 or older and is enrolled in a District of Columbia public school or public charter school, and does not reside in the District of Columbia.\n\n(25A)\nThe term “Office of the State Superintendent of Education” or “OSSE” means the Office of the State Superintendent of Education established by § 38-2601.\n\n(26)\nThe term “parent” means a person who has custody of a child, and who:\n(A)\nIs a natural parent of the child;\n(B)\nIs a stepparent of the child;\n(C)\nHas adopted the child; or\n(D)\nIs appointed as a guardian for the child by a court of competent jurisdiction.\n\n(27)\nThe term “petition” means a written application.\n\n(28)\nThe term “promotion gate” means the criteria, developed by the Superintendent and approved by the Board of Education, that are used to determine student promotion at different grade levels. Such criteria shall include student achievement on districtwide assessments established under subchapter III of this chapter.\n\n(29)\nThe term “public charter school” means a publicly funded school in the District of Columbia that:\n(A)\nIs established pursuant to subchapter II of this chapter; and\n(B)\nExcept as provided under §§ 38-1802.12(d)(5) and 38-1802.13(c)(5) is not a part of the District of Columbia public schools.\n\n(30)\nThe term “Public Charter School Board” means the Public Charter School Board established under § 38-1802.14.\n\n(30A)\nThe term “Rehabilitation Act” means the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 355; 29 U.S. C. § 701et seq.).\n\n(30B)\nThe term “school facility” means a structure or real property that:\n(A)\nIs under the control of DCPS; or\n(B)\nWas previously under the control of DCPS or the Board of Education and is now under the control of the Mayor or another agency of the District government.\n\n(30C)\nThe term \"school management organization\" means an entity that a public charter school identifies in its charter petition or petition for charter revision with which the public charter school contracts to provide management or oversight services regarding the school's expenditures, administration, personnel, or instructional methods.  The term \"school management organization\" does not include an entity with which a public charter school contracts solely to provide administrative support services, such as:\n(A)\nPayroll processing or information technology services;\n(B)\nAcademic support services; or\n(C)\nTemporary management services recommended by the eligible chartering authority to improve the performance of a public charter school.\n\n(31)\nThe term “secondary school” means an institutional day or residential school that provides secondary education, as determined by District of Columbia law, except that such term does not include any education beyond grade 12.\n\n(32)\nThe term “student with special needs” means a student who is a child with a disability as provided in § 602(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. § 1401(a)(1)) or a student who is an individual with a disability as provided in § 7(8) of the Rehabilitation Act of 1973 (29 U.S.C. § 706(8) [29 U.S.C. § 705(20)]).\n\n(33)\nThe term “Superintendent” means the Superintendent of the District of Columbia public schools.\n\n(34)\nThe term “teacher” means any person employed as a teacher by the Board of Education or by a public charter school.","path":["Title 38. Educational Institutions.","Chapter 18. District of Columbia School Reform (Public Charter Schools)."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/38-1800.02","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"11839bdf29b58983dc23ea3a2c839ee8309213cc92fb14230f71daa8f10aaec7","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-38-1800.01","next":"us-dc/d.c.-code-38-1800.03"},"notice":"GroundRules: Original legal text. Not legal advice."}